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Madras High Court Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Oral Partition and Adverse Possession. The court held that an oral partition during the lifetime of the father is valid and that the plaintiff failed to prove joint possession or title to the suit properties.

The plaintiff, Rajaraman, filed a suit for partition claiming 1/3rd share in two items of property allegedly belonging to his father Nadesa Vanniyar. ...

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Supreme Court Allows State's Appeal in Land Acquisition Suit, Restores Dismissal on Limitation Grounds. Suit for Declaration and Compensation Barred by Limitation Under Articles 58 and 72 of Limitation Act, 1963 as Cause of Action Arose in 1987 and Suit Filed in 2003.

The dispute involved a suit filed by the plaintiff against the State of Himachal Pradesh and others seeking declaration, mandatory injunction, and com...

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Bombay High Court Allows Daughter's Appeal Against Dismissal of Petition Challenging Father's Marriage Under Order 2 Rule 2 CPC. Family Court Erred in Holding That Earlier Suit for Declaration of Marriage as Void Was Barred by Res Judicata as Cause of Action Was Different.

The appellant, Mrs. Nayana M. Ramani, is the married daughter of late Mr. Navnitlal R. Shah. The respondent, Mrs. Fizzah Navnitlal Shah, claims to hav...

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Bombay High Court Allows Writ Petition Challenging MIDC's Demand for Service Charges at Allegedly Agreed Rate. Service charges must be based on statutory notification under Section 14 of the Maharashtra Industrial Development Act, 1961, not private negotiation.

The petitioner, Federation of Association of Industries, through its President Shyamsundar Vasudev Agrawal, filed a Writ Petition before the Bombay Hi...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of 30-Year-Old Travels Business Owner. Insurer Fails to Prove Driver's Lack of Valid License, Adverse Inference Drawn Against Insurer.

The appeal arises from a judgment and order dated 02/11/2004 passed by the Motor Accident Claims Tribunal, Chandrapur in Claim Petition No.142 of 2001...

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Bombay High Court Dismisses Appeal in Service Termination Dispute — Resignation Not Challenged. Appellant failed to challenge resignation letter dated 10.4.1993, and School Tribunal's finding of resignation upheld.

The appellant, a teacher, claimed that the management refused to permit her to join and perform duties, constituting termination. She had submitted a ...

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Bombay High Court Allows Second Appeal in Partition Suit, Remands Case for Fresh Consideration on Issue of Limitation and Adverse Possession. The court held that the suit for partition is governed by Article 110 of the Limitation Act, 1963, and the defendants failed to prove adverse possession.

The case involves a partition suit filed by Pandurang Sitaram Pande (original plaintiff) against his brothers and other family members for a 1/5th sha...

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Bombay High Court Allows Appeal Against Railways Claims Tribunal Dismissal for Non-Joinder of Union of India. Misdescription of Party Held Curable; Claim for Lost Consignment Remanded for Fresh Adjudication.

The appellants, Western Coalfields Ltd., filed a claim before the Railways Claims Tribunal, Nagpur, for non-delivery of a consignment of power cables ...