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Bombay High Court Dismisses Appeal Against Interim Injunction in Succession Act Proceeding — Section 41(b) of Specific Relief Act Not a Bar to Injunction Under Section 383 of Indian Succession Act, 1925

The case involves an appeal against an interim injunction order passed by the Civil Judge (Sr.Dn.), Yavatmal, in M.J.C. No. 40 of 2014. The appellant,...

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High Court Dismisses Cooperative Society's Challenge to Deemed Membership of Legal Heir; Upholds Rights Under Maharashtra Cooperative Societies Act, 1960. Unconditional withdrawal of prior title suit and society's inaction justified claim for deemed membership.

This writ petition under Articles 226 and 227 of the Constitution challenged the Divisional Joint Registrar's order dated 13 November 2014 allowing re...

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Bombay High Court Allows Co-operative Society's Writ Petitions Against Unauthorized Construction by Members. Dispute Between Society and Member Regarding Unauthorized Construction and Possession is Barred from Civil Court Under Section 91 of Maharashtra Co-operative Societies Act, 1960.

The petitioner, The Manglorian Garden Homes Co-operative Housing Society Limited, filed three writ petitions challenging the orders of the Civil Judge...

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Supreme Court Upholds Civil Court's Jurisdiction in Suit Against Occupant Who Had Ejectment Decree Not Executed Due to Slum Areas Act. Section 19 of Slum Areas Act Does Not Make Such Occupant a 'Tenant' Under Delhi Rent Control Act, Allowing Suit for Possession on Trespass Ground.

The appellant, Lakhmi Chand Khemani, was the tenant of a building in Delhi owned by one M. M filed a suit for ejectment and obtained a decree. While a...

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Supreme Court Rejects Recusal Plea in Land Acquisition Reference. Judge Who Decided Smaller Bench Can Sit in Larger Bench to Reconsider Same Issue as Bias Plea Based on Extrajudicial Factors.

This order arises from a reference to a five-judge Constitution Bench of the Supreme Court of India concerning the interpretation of Section 24 of the...

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Bombay High Court Dismisses Petition to Recast Issues in Partition Suit — No Error in Trial Court's Refusal to Frame Additional Issues After Evidence Commenced. The court held that the application for recasting issues was belated and lacked justification under Order 14 Rule 5 CPC.

The case arises from a partition suit filed by Lalasaheb Dattoba Pawar (Respondent No. 1) against several defendants, including Balasaheb Dattoba Pawa...

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Supreme Court Allows Appeal in Damages Suit Under Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 — Civil Court Jurisdiction Not Impliedly Barred. Section 7(4) of the Act Recognizes Concurrent Civil Remedy, Hence Suit for Damages Maintainable.

The appeal arises from a judgment of the Madurai Bench of the Madras High Court which set aside a decree for damages in favor of the appellant, M. Har...