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Bombay High Court Dismisses Petitioner's Challenge to Execution Decree in Property Suit — Held that Execution Court Cannot Go Behind Decree and Must Execute It as It Is. Objections Regarding Fraud and Transfer of Property Must Be Raised in Suit or Appeal, Not in Execution Proceedings Under Section 47 CPC.

The petitioner, Sukumar Estates Ltd. (now Kumar Housing Corporation Limited), filed a writ petition under Article 227 of the Constitution of India cha...

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High Court Allows Special Civil Application Quashing Revenue Orders on Section 73AA Noting -- Bombay Land Revenue Code Not Retrospectively Applicable to Pre-1979 Land Transaction -- Mutation Entry Confirmed Without Section 73AA Remarks

The petitioner purchased land in 1967 through registered sale deed and obtained mutation entry in 1977 -- Despite civil court decrees establishing his...

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High Court of Karnataka Allows Writ Petition Challenging Unilateral Registration of Revocation of General Power of Attorney. Registration of a deed of revocation of GPA by the Sub-Registrar without notice to the original holder is illegal and arbitrary, and the court declared it null and void.

The petitioner, North Roof Ventures Private Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the regist...

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Gujarat High Court Dismisses Second Appeal in Property Title Dispute — Concurrent Findings of Fact Not Disturbed. Registered Deed Not Mandatory for Relinquishment of Right; Revenue Entries Have Evidentiary Value.

The appellant, Hansaben w/o Jivan Bariya, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent fin...

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Bombay High Court Allows Appeals in Suit for Declaration and Injunction — Finds Plaintiff Failed to Prove Title and Possession. Concurrent findings of trial court reversed as plaintiff's claim of ancestral property and possession was not established by evidence.

The case involves two first appeals arising from a common judgment and decree dated 17-02-2016 passed by the Civil Judge, Senior Division, Kopargaon i...

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Bombay High Court Quashes Charity Commissioner's Order Allowing Intervention in Trust's Section 36 Application. Right to be Heard Under Maharashtra Public Trust Act, 1951 Limited to Persons with Direct Interest in Trust Property.

The petitioner, Shree Khambhati Modh Vanik Samaj, is a public charitable trust registered under the Maharashtra Public Trust Act, 1950. It owns a prop...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...