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High Court Dismisses Review Petition in Property Dispute Over Will — No Error Apparent on Face of Record. Review under Section 114 CPC read with Order 47 Rule 1 CPC cannot be used to re-argue the case or correct erroneous findings unless there is an error apparent on the face of the record.

The applicants (original appellants) filed a review application under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908, seek...

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High Court of Karnataka Dismisses Second Appeals in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. The court held that no substantial question of law arises for consideration in second appeals challenging concurrent findings of fact in a suit for possession.

The judgment pertains to two Regular Second Appeals (RSA No.7512/2010 and RSA No.7511/2010) filed under Section 100 of the Code of Civil Procedure, 19...

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Bombay High Court Allows Second Appeal in Property Title Suit — Gift Deed Title Upheld Despite Survey Omission. Court holds that first appellate court misconstrued the gift deed and wrongly cast burden of proof on plaintiffs regarding limitation.

The appellants, Joaquim Antonio Pacheco and Marcelina Fernandes, filed a suit for declaration of title and correction of survey records in respect of ...

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High Court Allows Writ Petition, Sets Aside Trial Court Order Dismissing Impleadment Application in Specific Performance Suit Under CPC and Constitution of India

The petitioners filed a writ petition under Article 227 of the Constitution of India challenging the Trial Court's order dated 01.10.2022 that dismiss...

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Bombay High Court Admitted Second Appeal on Questions of Law Concerning Insolvency Act and Auction Sale Confirmation. The Court Framed Eight Substantial Questions Involving Interpretation of Provincial Insolvency Act, 1920, Order 21 Rule 92 CPC, and Res Judicata in Tenancy Proceedings.

The matter concerned a long-standing insolvency dispute dating back to 1959. Roopsingh Chainsingh Ture filed Insolvency Application No.12 of 1959 befo...

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Bombay High Court Dismisses Writ Petition Challenging Defence Land Claim Over Leasehold Property. Petitioner's Title Not Established Against Union of India's Claim of Ownership Over Land Leased to Colaba Land & Mill Company.

The petitioner, TCI Industries Limited, claimed to be a lessee of land admeasuring 10.264 acres in Colaba, Mumbai, by virtue of an Indenture of Assign...

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High Court of Bombay Examines Whether Amended Section 6 of Hindu Succession Act, 1956 Operates Retrospectively. The Correctness of the Division Bench Decision in Vaishali Satish Ganorkar Holding Prospective Operation is Challenged, with Parties Citing Supreme Court Precedents.

This matter comprises a batch of second appeals before the Bombay High Court, Civil Appellate Jurisdiction, presided over by Justice R.G. Ketkar. The ...