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Bombay High Court Dismisses Union of India's Petition Challenging Maintainability of Civil Suit for Declaration of Ownership. Trial Court's Decision on Preliminary Issue Upheld as It Involves Mixed Questions of Law and Fact Not Amenable to Summary Adjudication.

The Union of India, through the Deputy Salt Commissioner, filed a writ petition under Article 227 of the Constitution of India challenging an order da...

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Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Arbitration Dispute Over Thane Property. Court Holds That Cause of Action Arose in Thane, Not Mumbai, Despite Agreement Execution in Mumbai.

The petitioners, Navin Makhija and others, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interi...

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Bombay High Court Allows Petition for Rental Compensation in Land Acquisition Case. Petitioner entitled to rental compensation from date of possession till award under Land Acquisition Act, 1894 for land taken for octroi post.

The petitioner, M/s. Devi Construction LLP, owned lands in survey Nos.10 (part), 11 (part) and 160 (part) of Village Wakad, Taluka Mulshi, Dist. Pune,...

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High Court of Karnataka Dismisses Appeal in Land Acquisition Case — Appellants Failed to Prove Title and Possession. Land Acquisition Under KIAD Act Upheld as Appellants Were Not Owners and Compensation Was Already Paid to Recorded Owner.

The appellants, Sri K. Srinivas Murthy and Smt S.V. Padma, filed a writ appeal against the order of a Single Judge dismissing their writ petition chal...

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Bombay High Court Dismisses State Appeal Against Maintainability of Suit Challenging Slum Acquisition Proceedings. Suit for Declaration of Title and Injunction Held Maintainable Despite Bar Under Section 42 of Maharashtra Slum Areas Act, 1971.

The State of Maharashtra appealed against an order dated 12 April 2016 passed by a learned Single Judge of the Bombay High Court in Suit No.2862 of 20...

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Supreme Court Allows Appeal in Adverse Possession Case — Declares Plaintiff Owner of Encroached Land. Court Holds That Mere Long Possession Without Hostility and Knowledge Does Not Confer Title by Adverse Possession Under Limitation Act, 1963.

The appellant, Mallikarjunaiah, filed a civil suit seeking declaration of title and injunction in respect of certain agricultural lands, including 1 G...

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High Court of Bombay Heard Appeal Against Dismissal of Widow's Partition Suit. Court Examined Claim of Absolute Ownership Under Section 14(1) Hindu Succession Act and Entitlement Under Jamkhandi State Act.

The dispute pertained to the joint Hindu family estate of Sir Parshuram Bhau Patwardhan, the erstwhile ruler of Jamkhandi, who died in 1924. His secon...