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Bombay High Court Dismisses Petition Challenging Order Under Section 26 of Domestic Violence Act in Divorce Proceedings. Application Under Section 26 of DV Act Held Maintainable in Civil Suit for Divorce, and Appeal Under Section 29 Lies to Sessions Court Against Order of Civil Court.

The petitioner, Shri Narayan Babi Salgaonkar, a police constable, filed a Criminal Writ Petition before the Bombay High Court at Goa challenging an or...

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Supreme Court Upholds Municipal Corporation in Water Tax Levy Under UP Water Supply and Sewerage Act, 1975 - Reverses Refund Order. Water and Sewerage Tax Imposed on Premises is Valid as Tax on Lands and Buildings Under Entry 49 of List II, Not a Fee, Under Section 52(1)(a) of the Act.

The dispute arose from a writ petition filed by the first respondent, Pradeshiya Industrial and Investment Corporation, challenging the levy of water ...

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Supreme Court Upholds Section 13-B of East Punjab Urban Rent Restriction Act, 1949 for NRI Landlords in Chandigarh and Punjab. Constitutional validity of provision granting immediate possession to Non-Resident Indians upheld as reasonable classification under Article 14.

The appeals were filed by tenants challenging the constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, which g...

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Appeal Dismissed for Specific Performance of Contract in Ancestral Property Dispute. Ancestral property rights not established, First Appellate Court's decision upheld.

Brief Facts: Subject Matter:The case revolved around a shop measuring 11.15 square meters located in Field Survey No. 65, village Satkagbad. An a...

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Supreme Court Allows Appeal in Res Judicata Case — High Court Erred in Dismissing Second Appeal Without Considering Substantial Question of Law. The suit for declaration of title and possession was not barred by res judicata as the earlier suit did not adjudicate the rights of co-defendants.

The plaintiff-appellant, Har Narayan Tewari, filed Title Suit No.9/89 for declaration of title and possession over 0.30 acres of land (0.12 acres of P...

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Supreme Court Reviews Its Own Guidelines on Arrest and Anticipatory Bail Under SC/ST Act. Directions Requiring Preliminary Enquiry and Approval for Arrest Quashed as Legislative Overreach, but Anticipatory Bail Direction Upheld.

The Union of India filed a review petition against the Supreme Court's judgment dated 20.3.2018 in Criminal Appeal No.416 of 2018, which had issued gu...

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Supreme Court Allows Appeal in Hindu Joint Family Partition Suit, Upholds Irrevocability of Communicated Intention to Separate. Withdrawal of Notice Does Not Restore Joint Status Under Hindu Law, Legal Representatives of Deceased Karta Entitled to Decree.

The dispute arose from a partition suit filed by the karta of a Hindu joint family who, having no male issue and in poor health, sought to protect the...

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Supreme Court Dismisses Appeals Claiming Easementary Rights Over 20ft Wide Road — Pleadings Must Specifically Allege 20-Year User for Prescription Under Section 15 of Indian Easements Act, 1882. Easement of Necessity Requires Proof of Absolute Necessity and Common Origin, Which Was Not Established.

The dispute pertains to easementary rights over a 20ft wide road situated on land Survey No.57 Hissa No.13A/1 owned by the respondents (Ramani's). The...

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Supreme Court Quashes Municipal Corporation's Mandamus for Land Acquisition Due to Lapsed Reservation and Financial Incapacity. Reservation under Development Plan Lapsed Under Section 127 of MRTP Act, 1966, and Acquisition Not Mandated as Corporation Lacked Funds Under RFCTLARR Act, 2013.

The dispute involved a land reservation under the Kolhapur development plan sanctioned in 1999 for public purposes like parking and garden. The landow...