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Bombay High Court Dismisses Writ Petition Challenging Rejection of Deemed Conveyance Under MOFA Due to Pending Title Dispute. Availability of Alternate Civil Suit Remedy Renders Writ Petition Under Article 227 Not Maintainable.

The petitioner, M/s. Blue Heaven Co-op Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the orde...

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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The case involves two second appeals arising from a property dispute between family members. The appellants in SA-284-2019 were the original defendant...

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Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title Over Suit Property.

The case involves a property dispute between two branches of the same family. The appellants (original plaintiffs) filed a suit for declaration of own...

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Bombay High Court Answers Reference Against Assessee in Sales Tax Case — Delivery Orders Not Documents of Title. Delivery orders issued by bankers against airways bills are not documents of title to goods and are not negotiable under section 2(4) of the Sale of Goods Act, 1930.

The judgment involves multiple Sales Tax References under the Bombay Sales Tax Act, 1959, where the common question of law was whether delivery orders...

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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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Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...