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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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Bombay High Court Dismisses Petitions Challenging Property Tax Demands Due to Delay and Availability of Alternate Remedy. Court holds that appeals under Section 406 of BPMC Act filed after 8-18 years are grossly delayed and cannot be entertained.

The petitioner, NRC Limited, a company incorporated under the Companies Act, 1956, owned a large property in Kalyan. The Kalyan Dombivli Municipal Cor...

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Bombay High Court Dismisses Municipal Corporation's Challenge to Caste Validity Certificates — Employer Lacks Locus Standi Under Maharashtra Caste Certificate Act, 2000. Corporation Cannot Challenge Certificates Issued to Employees as Only Person Aggrieved or State Government Can Do So.

The Pimpri Chinchwad Municipal Corporation (PCMC) filed a writ petition before the Bombay High Court challenging the caste validity certificates issue...

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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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Bombay High Court Quashes Corrigendum Reducing Compensation under National Highways Act, 1956. Competent Authority Lacks Power to Review Award; Section 33 of Right to Fair Compensation Act Not Applicable Absent Notification Under Section 105(3).

This writ petition under Article 226 of the Constitution challenged a corrigendum issued by the Competent Authority under the National Highways Act, 1...

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Bombay High Court Passes Judgment on Interim Application and Contempt Petition Arising from Alleged Violation of Injunction in Trademark Suit. Petitioners Allege Wilful Disobedience of Order Restraining Use of 'Khadi' Mark and Association Name.

The dispute concerned an application under Order XXXIX, Rule 2A of the Code of Civil Procedure, 1908 and a contempt petition arising from alleged wilf...

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WRIT PETITION NO.730 OF 2009

The four writ petitions arose from income tax assessment proceedings concerning the transfer of shares of Idea Cellular Limited (formerly Birla Commun...