Search Results for "Mundkars Act"

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Bombay High Court Allows Second Appeal in Property Dispute Due to Lack of Fraud Pleadings and Limitation Bar. Suit challenging registered sale deed after 14 years dismissed as plaintiff failed to prove fraud and suit was barred by limitation under Article 59 of Limitation Act.

The case involves a second appeal arising from a suit filed by the plaintiff (respondent no.1) seeking a declaration that a registered sale deed dated...

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Bombay High Court Dismisses Petition Challenging Administrative Tribunal Order in Land Dispute. Court upholds concurrent findings that petitioners failed to prove tenancy or ownership over disputed property under the Goa, Daman and Diu Agricultural Tenancy Act, 1964 and the Portuguese Civil Code.

The case involves a writ petition filed by the legal representatives of Smt. Jaiwanti Narayan Kamat (since deceased) against an order of the Administr...

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Bombay High Court Dismisses Petition Challenging Refusal to Stay Civil Suit on Tenancy Grounds. The court held that the issue of tenancy must be determined by the civil court as a preliminary issue under Section 9A CPC, not by tenancy authorities, as the tenancy claim was not bona fide.

The petitioners, legal representatives of the deceased original defendant, challenged an order dated 5/10/2017 passed by the Civil Judge Junior Divisi...

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High Court of Bombay at Goa Allows Writ Petition Challenging Revision Order — Revisional Court Erred in Entertaining Revision Under Section 438 BNSS Against Order Under Section 164 BNSS Without Notice. Order Under Section 164 BNSS Is Summary and Not Subject to Revision; Natural Justice Violated.

The petitioner, Shri Noberto Paulo Sebastiao Fernandes, through his constituted attorney, filed a criminal writ petition before the High Court of Bomb...

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Bombay High Court at Goa Upholds Environmental Clearance for Resort Construction in CRZ Area Subject to Conditions — Public Trust Doctrine and Precautionary Principle Applied to Protect Coastal Ecology and Local Livelihoods.

The judgment arises from a Public Interest Litigation and connected writ petitions challenging the environmental clearance granted to M/s. Leading Hot...

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Bombay High Court Allows Second Appeal in Eviction Suit Based on Adverse Possession and Limitation. The court held that the defendant failed to prove adverse possession as his possession was permissive and not hostile.

The case involves a second appeal filed by the legal representatives of the original plaintiff, Kamlakant Raghuvir Sinai Bhonsule, against the judgmen...

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Bombay High Court Allows Second Appeal in Easement Case — Right of Way Established by Prescription. Plaintiffs' claim for easement of necessity fails due to alternative access, but right of way by prescription under Section 15 of Easements Act, 1882 is upheld based on 20 years of uninterrupted user.

The case involves a dispute over a right of way between two branches of the same family. The plaintiffs, Laxman Sagun Vaigankar and Sitabai Sitaram Va...