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Bombay High Court Dismisses Revision Against Eviction Decree for Non-User and Subletting of Tenanted Shop. Tenant's Use of Premises as Godown for Grocery Items Held to Be Change of User and Subletting to Brother Constitutes Unauthorized Transfer.

The case involves a civil revision application filed by the defendants (tenants) against a decree of eviction passed by the trial court and confirmed ...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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High Court of Bombay at Goa Dismisses Second Appeal in Permanent Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction Simpliciter Dismissed as Plaintiffs Failed to Prove Possession Over Disputed Strip of Land.

The appellants (original plaintiffs) filed a suit for permanent injunction simpliciter against the respondents (original defendants) claiming that the...

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Bombay High Court Allows Revision, Sets Aside Family Court Order Granting Child Access in Section 125 CrPC Maintenance Proceeding. Family Court lacks jurisdiction to grant visitation rights in a summary maintenance proceeding under Section 125 CrPC.

The case involves a criminal revision application filed by Bhumika Bagade and her minor daughter Anika against Sachin Bagade. The applicants had filed...

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Bombay High Court Allows Wife's Appeal Against Dismissal of Petition and Striking Out of Defence Under Order XXXIX Rule 11 CPC. Non-Compliance with Access Orders Disputed; Video Evidence and Counsellor Report Considered.

The appellant wife filed Family Court Appeal No.20 of 2013 challenging the order dated 8th November 2012 passed by the Family Court at Mumbai. By that...

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Bombay High Court Allows Appeal in Property Dispute Case — Court Receiver Appointed to Protect Suit Premises Pending Trial. Dispute Involves Alleged Illegal Dispossession of Widow and Minor Son from Residential Flat and Office Premises by In-Laws.

The appeal arises from a suit filed by Khushnuma Ibrahim Khan and her minor son Raghib Ibrahim Khan (appellants) against Asadullah Khan and others (re...

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Bombay High Court Dismisses Second Appeal in Property Dispute Over Right of Way and Title. Suit for Injunction Dismissed and Counterclaim for Declaration of Title and Injunction Upheld Based on Adverse Possession and Better Title.

The appellants, Efigenio Dias and Josinho Dias, filed a suit for permanent injunction against the respondents, Malaquias D'Costa and others, to restra...