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Bombay High Court Allows Land Acquisition Compensation Enhancement Petitions Under National Highways Act — Held That Reference Court Must Consider Market Value Based on Sale Deeds and Potential of Land, Not Merely Government Rates. Claimants Entitled to Additional Amounts Under Land Acquisition Act.

The judgment concerns three writ petitions filed by legal heirs of deceased landowners whose agricultural lands were acquired for the construction of ...

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Restitution in Court Auction Sales: Upholding Justice Amidst Procedural Challenges Interpretation and Application of Section 144 CPC

Restitution of Judgment Debtors in Court Auction Sales: Interpretation and Application of Section 144 CPC The legal issue in this appeal revolves aro...

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Bombay High Court Dismisses Revision in Specific Performance Suit — Res Judicata Not Applicable to Lok Adalat Award. Court holds that a compromise decree passed by Lok Adalat does not bar a subsequent suit for specific performance of the same agreement.

The revision application was filed by the petitioner (Ajitpalsingh Khalsa) against the order dated 21/11/2015 passed by the Jt. Civil Judge (SD) Amrav...

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Bombay High Court Dismisses Revision Against Execution of Compromise Decree in Specific Performance Suit — Jurisdiction Objection Waived by Consent Decree. Clause 22 of Agreement Conferring Jurisdiction on Pune Courts Held Binding Despite Property Location in Satara.

The applicant, M/s. Indrayani Foods Ltd., entered into an agreement to sell two properties in Satara district to the respondent, PamPac Machines Pvt. ...

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Bombay High Court Allows Decree Holder's Petition Challenging Executing Court's Order Permitting Judgment Debtor to Raise Pre-Decree Payment Defence. Pre-decree payments cannot be set up in execution under Section 47 CPC as they ought to have been raised in the suit.

The petitioner, Paackinindia, a registered partnership firm, obtained a decree in Special Summary Suit No. 58 of 2008 against the respondent, VSR Food...

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Bombay High Court Upholds Validity of Bombay Stamp Act Provisions on Sale Certificates in Execution Proceedings. Interpretation of 'Instrument' under Section 147 of Delhi Municipal Corporation Act Not Extended to Bombay Stamp Act.

The case involves a reference under Section 113 of the Code of Civil Procedure, 1908, made by the Principal District Judge, Aurangabad, to the Bombay ...

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Bombay High Court Dismisses Judgment Debtor's Objection to Auction Sale in Execution Proceedings — Auction Sale Confirmed Despite Alleged Irregularities as Objection Filed After 15 Days Without Proper Explanation.

The petitioner, Bhagwandas s/o Chunilal Purohit, was the original defendant/judgment debtor in a recovery suit filed by respondent No.1, Machindra s/o...

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Bombay High Court Allows Municipal Council's Application for Condonation of Delay in Filing Second Appeal Against Eviction Decree. Delay of 3 Years and 7 Months Condoned as Sufficient Cause Shown for Non-Filing Due to Administrative Lapses and Change of Officers.

The Nandurbar Municipal Council, through its Chief Officer, filed two civil applications (CA/14019/2010 and CA/14020/2010) in the Bombay High Court at...