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Bombay High Court Dismisses Petitioners' Challenge to Mutation Entry Based on Will in Land Revenue Case — Civil Court Decree Binding on Revenue Authorities. Mutation Entry Does Not Confer Title and Writ Jurisdiction Under Article 227 Cannot Be Used to Reappreciate Evidence.

The petitioners, Amrutrao Shankarrao Deshmukh and Dhananjay Amrutrao Deshmukh, filed a writ petition under Article 227 of the Constitution of India ch...

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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Construction on Municipal Land — Held That No Notice Under Section 53A of Transfer of Property Act Is Required for Unauthorized Occupants and That Encroachment on Public Land Cannot Be Regularized.

The judgment concerns two writ petitions filed by different groups of petitioners challenging the demolition of their constructions on land belonging ...

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High Court of Bombay Adjudicates Writ Petition Against MMRDA Regarding Levy of Additional Premium on Leasehold Land. Petitioner Assails Demand Notice as Contrary to Lease Agreement and Arbitrary.

The Writ Petition was instituted challenging the Demand Notice dated 9th September 2014 issued by Respondent No.1 – Mumbai Metropolitan Region Devel...

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Bombay High Court Allows Second Appeal in Suit for Reconveyance Based on Conditional Sale Deed — Agreement to Reconvey Not Proved. Court holds that the burden of proving an oral agreement to reconvey lies on the party asserting it, and failure to discharge that burden results in dismissal of the suit.

The case involves a second appeal filed by the defendants against the judgment and decree of the II Additional District Judge, Beed, dated 17.09.1994,...

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Madras High Court Adjudicated a Commercial Suit for Recovery of Chit Maturity Amount Against a Partnership Firm and Partners. The plaintiff claimed the maturity value based on an acknowledgment of liability and promissory estoppel, while the defendants raised a prior suit for injunction and accounts.

The plaintiff, a construction company, filed a commercial suit against a partnership firm (first defendant) and its partners (defendants 2 to 6) for r...

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Bombay High Court Upholds Cooperative Court's Order Terminating Lease for Violation of Bye-laws in Cooperative Housing Society Dispute. Leasehold rights terminated due to unauthorized construction and sub-letting without society's consent; purchasers' rights held subject to society's bye-laws.

The dispute pertains to leasehold rights over a plot in Vithalnagar Co-operative Housing Society Ltd. The society granted a lease of the plot to membe...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings Upheld. Sale Deed Cancelled to Extent of Plaintiff's 1/4th Share as Purchaser Not a Bonafide Transferee Without Notice.

The present second appeal was filed by the original defendant No.4, Vikrant s/o Vilasrao Patil (since deceased, through legal heirs), challenging the ...

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Bombay High Court Dismisses Appeal by Revenue Authorities in Stamp Duty Dispute — Security-cum-Mortgage Bond for Guaranteeing Third-Party Loan is Collateral Security Under Article 40(c) of Maharashtra Stamp Act, 1958, Not a Mortgage Deed Under Article 40(a).

The present Letters Patent Appeal was filed by the Joint District Registrar and Collector of Stamps, Nagpur, and the Chief Controlling Revenue Authori...