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Bombay High Court Allows Second Appeal in Partition Suit — Finds Substantial Question of Law on Adverse Possession and Limitation. Court holds that the first appellate court failed to properly consider the plea of adverse possession and limitation, and remands the matter for fresh consideration.

The case involves a second appeal arising from a partition suit. The appellants, original plaintiffs, filed a suit for partition and separate possessi...

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Supreme Court Allows Employer's Appeal in Gratuity Dispute — Trust Deed and Scheme Capped Gratuity at Statutory Limit Under Payment of Gratuity Act, 1972. Employer's Gratuity Scheme Did Not Abandon Statutory Ceiling; Employee Entitled Only to Statutory Maximum.

The appeal arose from a dispute between BCH Electric Limited (appellant-employer) and Pradeep Mehra (respondent-employee) regarding the quantum of gra...

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Bombay High Court Dismisses Writ Petition Challenging Tenant's Purchase Rights Under Bombay Tenancy Act. Will Deed Cannot Override Statutory Tenancy Rights as Tenant's Status on Tillers' Day is Determinative Under Section 32G.

The case involves a dispute over agricultural lands in Village Talabid, taluka Karad, district Satara. The original owner, Shamu Vithu Chavan, was a l...

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Bombay High Court Dismisses Tenants' Petition Challenging Termination of Agricultural Tenancy for Bona Fide Personal Cultivation. Landlord's Successor in Interest Entitled to Resume Possession Under Section 31 of Bombay Tenancy and Agricultural Lands Act, 1948.

The petitioners, tenants of agricultural land, challenged the judgment and order dated 30 December 1988 of the Tenancy Awal Karkun, Shirala, and the s...

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NOTICE OF MOTION NO.955 OF 2018

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....

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High Court of Gujarat Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased Travelling in Goods Vehicle. The court held that the deceased, an unauthorized passenger in a tempo, contributed to the accident, reducing the award by 50%.

The case arises from a motor accident on 20.10.2000 when the deceased, Nilendrasingh alias Deepak Mansingh Kaplethiya, was travelling in a tempo beari...

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Bombay High Court Dismisses Writ Petition Challenging Executing Court's Refusal to Reopen Partition Decree Based on Will. Executing Court Cannot Go Behind a Final Decree to Redetermine Shares on Basis of Alleged Will Produced After Decree Became Absolute.

The Bombay High Court dismissed a Writ Petition challenging the order of the Executing Court rejecting an application for framing of issues and modifi...