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Supreme Court Dismisses Appeals Claiming Easementary Rights Over 20ft Wide Road — Pleadings Must Specifically Allege 20-Year User for Prescription Under Section 15 of Indian Easements Act, 1882. Easement of Necessity Requires Proof of Absolute Necessity and Common Origin, Which Was Not Established.

The dispute pertains to easementary rights over a 20ft wide road situated on land Survey No.57 Hissa No.13A/1 owned by the respondents (Ramani's). The...

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Bombay High Court Upholds Conviction for Murder in Fatal Assault Case — Life Sentence Confirmed for Appellant Under Section 302 IPC. Evidence of Eye-Witnesses and Medical Reports Establish Intent to Cause Death in Group Attack with Sticks and Stones.

The appellant, Suman Vishal Himansu, was convicted by the Sessions Judge, Dadra and Nagar Haveli, Silvassa in Sessions Case No.9/2012 for offences und...

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High Court of Karnataka Allows Appeal Against Withdrawal of Partition Suit Without Notice to Defendant. Order permitting withdrawal under Order 23 Rule 1 CPC set aside as defendant No.3 was not heard before allowing the application.

The appellant, Smt. Mahadevi, was defendant No.3 in a partition suit (O.S. No.294/2002) filed by respondent No.1 (Mallikarjun) against the head of the...

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Bombay High Court Allows Appeal in Workmen's Compensation Case — Employer Not Liable for Injury Not Arising Out of Employment. Seaman's Back Injury While Shifting Food Boxes Held Not Covered Under Section 3 of Employees' Compensation Act, 1923 as Injury Did Not Arise Out of and in Course of Employment.

The case involves an appeal by M/s Denklay Marine Services Ltd. and M/s Orinoco Marine Consultancy India Pvt. Ltd. against the judgment and order date...

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Bombay High Court Dismisses Contempt Petition for Alleged Breach of Status Quo Order in Property Dispute. Court finds no willful disobedience as suit was dismissed and no further construction proved.

The contempt petition was filed by Sudhakar Pandurang Tandel, a developer, against Bhagavati Prasad Rekhai Pande, Ashok Kumar Rekhai Pande, and the St...

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Bombay High Court Dismisses Appeal in Suit for Declaration and Injunction — Failure to Prove Title and Possession. Court upholds dismissal of suit for declaration of ownership and injunction based on insufficient evidence of title and possession under the Specific Relief Act, 1963.

The appellants, Noorjahan and others, filed a suit for declaration of ownership and permanent injunction against the respondents in respect of a prope...