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Supreme Court Hears Appeal Against Bombay High Court Judgment Upholding Sanction of Competing Slum Scheme; Appeal Ongoing.

The dispute centered on a 2,005 sq. mts. parcel in Malad, Mumbai, originally declared a slum in 1987 under the Maharashtra Slum Areas (Improvement, Cl...

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High Court of Karnataka Allows Second Appeal in Easement Rights Case — Prescriptive Easement Claim Upheld Based on Long User and Acquiescence. Court Restores Trial Court Decree Granting Declaration of Easement by Prescription and Permanent Injunction.

The appellant, N. Vijendra Rao, filed a suit (O.S. No. 276/1994) before the Principal Civil Judge (Jr. Dn.), Mangalore, seeking a declaration of his a...

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Bombay High Court Allows Writ Petitions Challenging Arbitral Award in Property Dispute — Award Set Aside for Violation of Natural Justice and Lack of Reasons. Court holds that an arbitrator must provide reasoned findings and cannot rely on unsubstantiated claims without evidence.

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award dated 30 June 2023 passed by a...

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Supreme Court Allows FCI Appeal in Property Tax Exemption Case — Holds That Occupier of Central Government Property Is Not Liable Under Article 285(1) When Ownership Vests in Union. Bombay High Court Erred in Relying on Section 146 of MMC Act Without Considering Ownership Status.

The Supreme Court allowed the appeals filed by the Food Corporation of India (FCI) against the judgment of the Bombay High Court dated 05.05.2016 and ...

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Bombay High Court Dismisses State Appeal Against Maintainability of Suit Challenging Slum Acquisition Proceedings. Suit for Declaration of Title and Injunction Held Maintainable Despite Bar Under Section 42 of Maharashtra Slum Areas Act, 1971.

The State of Maharashtra appealed against an order dated 12 April 2016 passed by a learned Single Judge of the Bombay High Court in Suit No.2862 of 20...

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Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

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Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...