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Supreme Court Allows Appeal Against Recovery Notice and Building Permission Cancellation in Stamp Duty Deficiency Case. Subsequent Purchaser Held Liable for Penalty but Recovery Premature as Cheques Accepted by Collector.

The appeal arose from a judgment of the Madhya Pradesh High Court dismissing a writ petition filed by M/s. MSD Real Estate LLP challenging notices dat...

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High Court of Karnataka Quashes Transfer Order in Land Grabbing Case — Civil Court Retains Jurisdiction Over Suit for Declaration and Injunction. Section 20 of Karnataka Land Grabbing Prohibition Act, 2011 Does Not Mandate Transfer of Civil Suit Where No Allegation of Land Grabbing is Made in Plaint.

The petitioner, Joseph Saldhana, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 30.10.2018 passed by...

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High Court of Bombay at Goa Allows Second Appeal in Eviction Case Due to Violation of Order 41 Rule 17 CPC — First Appellate Court Dismissed Appeal on Merits in Appellant's Absence, Which Is Not Permissible Under the Code of Civil Procedure, 1908.

The appellant, Smt. Nayan alias Chandrakala Chandrakant Borkar, filed a Second Appeal before the High Court of Bombay at Goa challenging the judgment ...

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High Court of Bombay at Goa Allows Second Appeal in Eviction Case Due to Procedural Violation of Order 41 Rule 17 CPC. First Appellate Court Dismissed Appeal on Merits Despite Appellant's Absence, Which Is Impermissible Under Law.

The case involves a second appeal filed by the appellant, Smt. Nayan alias Chandrakala Chandrakant Borkar, challenging the judgment and order dated 30...

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Bombay High Court Allows Second Appeal in Partnership Act Bar Case — Agreement Held as Licence Not Lease. Suit for Eviction by Unregistered Partnership Firm Not Barred Under Section 69(2) of Indian Partnership Act, 1932 as Right to Evict Trespasser Arises from Common Law.

The case involves a second appeal filed by M/s Hotel Satkar, an unregistered partnership firm, against the dismissal of their suit for eviction of the...

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Bombay High Court Dismisses Landlord's Writ Petition Challenging Small Causes Court's Jurisdiction in Rent Control Exemption Case. Section 41 of Presidency Small Cause Courts Act, 1882 Confers Jurisdiction Over Landlord-Tenant Suits Irrespective of Applicability of Maharashtra Rent Control Act, 1999.

The Petitioner, Depe Global Shipping Agencies Pvt. Ltd., is the landlord, and the Respondent, MPIL Corporation Ltd., is the tenant in respect of suit ...

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Bombay High Court Dismisses Petition Challenging Mundkar Registration Orders Under Goa Mundkars Act. Concurrent findings of fact that respondent was a mundkar in possession for over 35 years upheld.

The petitioner, Smt. Thereza Cordo, challenged the orders of the Mamlatdar of Bardez, the Additional Collector, and the Administrative Tribunal under ...

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Bombay High Court at Goa Allows Second Appeal in Consent Decree Challenge — Separate Suit to Set Aside Consent Decree on Ground of Illegality Not Maintainable. Order XXIII Rule 3A CPC Bars Such Suit; Appellate Court's Judgment Set Aside as Perverse.

The dispute originated from a suit for eviction (R.C.S. No.62/78) between the parties, who are relatives, concerning a structure/taverna in Survey No....

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Bombay High Court Dismisses Petitioners' Challenge to Tenancy Rights in Third Round of Litigation. Respondent's Adoption by Widow Before Tillers Day Confers Tenancy Rights Under Bombay Tenancy and Agricultural Lands Act, 1948.

The case involves a long-standing dispute over tenancy rights in two agricultural lands (Survey No.37/4 and 38/6) in Village Kharshi, Satara District....