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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. No substantial question of law arises under Section 100 CPC as findings are based on evidence and not perverse.

The judgment involves four second appeals arising from a property dispute between Arun s/o Narayanrao Kale (original plaintiff) and the legal represen...

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High Court of Karnataka Dismisses Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. The appellant failed to prove title and possession, and no substantial question of law was raised.

The case involves a second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated 10.11.2006 ...

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KAHC020110942015_1

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Bombay High Court Dismisses Appeal Against Dismissal of Suit Challenging Compulsory Purchase Order Under Income Tax Act. Suit Seeking Declaration That Compulsory Purchase Order Stood Abrogated Was Barred by Section 269-UN and Section 293 of the Income Tax Act, 1961, Which Exclude Civil Court Jurisdiction.

The appeal was filed against the order dated 7th April 2014 passed by a learned Single Judge of the Bombay High Court dismissing the plaintiff's suit ...

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High Court of Bombay Adjudicates Second Appeals on Family Partition and Tenancy Rights. Substantial Questions of Law Include Effect of Registered Sale Deed, Purchase Under Section 32G, and Treatment of 1945 Family Arrangement as Partition.

Background: This second appeal before the High Court of Judicature at Bombay arose from a partition suit filed by the original plaintiff against his b...

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Bombay High Court Allows Appeal Against Dismissal of Application to Set Aside Ex-Parte Decree — Decree Set Aside on Condition of Costs. Ex-parte decree set aside as defendant had sufficient cause for absence and application was maintainable under Order IX Rule 13 CPC.

The appellant, original defendant No.2, suffered an ex-parte decree dated 12.11.2003 for want of filing a written statement. He filed a notice of moti...

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Bombay High Court Dismisses Appeal Against BMC Demolition of Unauthorized Structure in Jira Galli. Notice Under Section 314 of Mumbai Municipal Corporation Act, 1988 Held Valid as Structure Was on Street and No Prior Notice Required.

The appellant, Bashir Nazir Sayyed, was the original plaintiff who filed a suit in the City Civil Court at Bombay seeking a declaration that a notice ...

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Bombay High Court Dismisses Appeal Against BMC Demolition of Unauthorized Structure in Jira Galli. Notice Under Section 314 of Mumbai Municipal Corporation Act, 1988 Held Valid as Structure Was on Street and Not on Private Land.

The appellant, Bashir Nazir Sayyed, was the original plaintiff in a suit against the Brihan Mumbai Municipal Corporation (BMC). He resided and ran a b...

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Bombay High Court Records Non-Deposit in Commercial Summary Suit; Defendant Failed to Deposit Despite Supreme Court Extension

The case involved a commercial summary suit filed by National Commodity Clearing Ltd. against Dita Comtrade Limited. The High Court had previously dir...

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Bombay High Court at Goa Dismisses Appeal Challenging Declaration of Partition Deed as Null and Void. Partition Deed Executed Without Consent of All Co-Owners and Without Legal Necessity is Void Under Transfer of Property Act, 1882 and Specific Relief Act, 1963.

The case involves a family property dispute among the heirs of Hyder Kassim Khan. The plaintiffs, including the widow and son of one of the brothers, ...