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Bombay High Court Dismisses Appeal in Trust Dispute — Interpretation of Indenture of Trust dated 29th March 1949. Court holds that the Appellant/Plaintiff failed to establish any right, title or interest in the trust property under the Deed of Trust.

The dispute pertains to an Indenture of Trust executed on 31st March 1949 between Parvatibai Chowhan (Settler) and Rai Bahadur Kunwar Motisingh Lalsin...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Suit for possession based on title and prior possession; appellate court refused to re-appreciate evidence in second appeal under Section 100 CPC.

The present second appeal was filed by the original defendant No.1 challenging the judgment and decree passed in Regular Civil Appeal No.238 of 1987 b...

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High Court of Karnataka Quashes Appointment of Taluka Surveyor as Court Commissioner in Partition Suit — Violation of Order XX Rule 18 CPC. Court Commissioner Must Be an Advocate or Disinterested Person, Not a Government Official, to Ensure Impartiality and Avoid Conflict of Interest.

The petitioner, Lagama Beerasidda Pujeri, challenged an order dated 6.2.2015 passed by the Principal Civil Judge & JMFC, Raibag, in FDP No.3/2012, whe...

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High Court of Gujarat Hears Appeal Against Rejection of Interim Injunction in Trademark Infringement and Passing Off Suit. The Court Examines Whether Trial Court Erred in Denying Interim Protection Despite Registered Device Mark and Alleged Joint Use of the 'Kshetrapal' Mark.

The dispute centered on the use of the trademark 'Shree Kshetrapal' / 'Kshetrapal Construction' by two individuals in the construction business in Guj...

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Bombay High Court Directs Collector to Consider NA Permission Application Under Maharashtra Land Revenue Code, 1966 — Petitioner's Application Must Be Decided on Merits Without Being Influenced by Civil Court Orders Regarding Title Disputes.

The petitioner, M/s Annapurna Land Developers, a partnership firm, filed a Writ Petition under Article 226 of the Constitution of India seeking a dire...

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Bombay High Court Dismisses Challenge to Section 37(1AA) of MRTP Act in Constitutional Validity Case. Court Holds That State's Power to Modify Development Plans Does Not Violate 74th Amendment or Article 243W.

The petitioners, residents of Mumbai, filed a writ petition under Article 226 of the Constitution challenging the constitutional validity of Section 3...

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Karnataka High Court Dismisses Second Appeals in Partition Suit; Upholds Concurrent Findings That Properties Are Joint Family and Partition Deed Not Binding. Defendants Failed to Prove Self-Acquired Nature of Lands, and Partition Deed Invalid as Mother's Consent Not Obtained for Minors' Shares.

The dispute arose from a suit for partition filed by the widow and children of late Praveen Deshpande against his parents and brothers seeking one-six...

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Bombay High Court Dismisses LIC's Revision Against Eviction Order for Unauthorized Subletting. Lease Agreement Prohibited Subletting Without Consent; Subletting to Multiple Tenants Constituted Breach Justifying Eviction Under Transfer of Property Act, 1882.

The case involves a lease agreement executed on 16/12/1960 between the Board of Trustees of the Port of Mumbai (Plaintiff/Respondent) and the Life Ins...