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Bombay High Court Declares LIC Owner of Suit Property, Orders Removal of Unauthorized Construction by Defendants. Defendants' claim based on revenue stay order and adverse possession fails as LIC's title from 1948 conveyance and statutory vesting under Life Insurance Corporation Act, 1956 is established.

The Life Insurance Corporation of India (LIC) filed a suit seeking declaration of ownership, removal of construction, and possession of land in Eksar,...

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High Court of Karnataka Allows Petition Challenging Small Causes Court Jurisdiction in Eviction Suit Where Tenant Denies Landlord-Tenant Relationship. Denial of Jural Relationship Ousts Jurisdiction of Small Causes Court Under Section 8(1) of Karnataka Small Causes Courts Act, 1964.

The petitioner, Sri Pankaj L Kothari, was the sole defendant in a small causes case (S.C.1845/12) filed by the respondent, Sri T.K. Nagaraj, seeking e...

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Supreme Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Time was of the essence in the agreement for sale dated 25.04.2007, and the plaintiff did not demonstrate continuous readiness and willingness to perform his part of the contract.

The appeal arose from a suit for specific performance of an agreement for sale dated 25.04.2007 between the plaintiff (appellant) and the defendant (r...

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Supreme Court Upholds High Court in Capital Gains Tax Case — Accrual Occurs on Date of Award, Not Notification. Transfer of Capital Asset Under Section 45 of Income-tax Act, 1961 Is Complete Only When Compensation Is Determined by Collector's Award, Even if Possession Taken Earlier.

The case concerns the assessment year 1971-1972 for the assessee Amrik Singh HUF, whose land was acquired by the Haryana Government for a college play...

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Bombay High Court Allows Second Appeal in Suit for Possession Based on Licence — Limitation Issue Requires Trial. Courts below erred in dismissing suit on limitation without trial on that issue.

The case involves a second appeal arising from a suit for possession filed by the appellants (plaintiffs) against the respondent (defendant). The suit...

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Bombay High Court Allows Motion to Strike Out Caveat Filed by Person Claiming Adverse Title in Probate Proceedings. Caveator Without Caveatable Interest Cannot Maintain Caveat Under Section 283 of Indian Succession Act, 1925.

The petitioner, Ashokkumar Krishnakumar Shukla, as sole executor named in the last Will and testament of Krishnakumar, filed a probate petition in the...

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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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Supreme Court Upholds Land Ownership of Legal Heirs Against Government's Invalid Lease in Land Revenue Dispute. Ownership Rights Established Through Unchallenged Revenue Order Under M.P. Land Revenue Code, 1959, Section 158(3)(1), Barring Government's Subsequent Lease to Development Authority.

The dispute centered on ownership of agricultural land in village Milawali, Gwalior, between the legal heirs of Dilip Singh (appellants) and the Speci...