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Bombay High Court Adjudges Writ Petition in Civil Suit Alleging Advocate's Fraud. Withdrawal of Suit Without Plaintiff's Instructions Examined Under Order XXIII, Rule 1 of Code of Civil Procedure, 1908

The petitioner entered into an agreement of sale dated 6.7.2005 for purchase of agricultural land from respondent nos. 2 and 3 for Rs.15,00,000/-, pay...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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High Court Dismisses Application for Rejection of Plaint in Suit for Recovery of Possession by Public Trust. No Prior Consent of Charity Commissioner Required under Sections 50/51 of Bombay Public Trusts Act, 1950 for Suit Against Trespassers; Civil Court Not Barred under Section 80.

The dispute arose from an interim application filed by Defendant No.1 in a civil suit instituted by Shri Hari Ashram, a public charitable trust regist...

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High Court of Karnataka, Kalaburagi Bench Adjudicates Regular First Appeal in Partition Suit Concerning Re-granted Walikaraki Lands Under KVOA Act. Core Issue: Junior Family Members’ Entitlement to Share in Lands Re-granted to Senior Branch After Abolition of Village Office.

The dispute pertains to a suit for partition filed by the respondents/plaintiffs against the appellants/defendants regarding agricultural lands and ho...

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Bombay High Court Considers Challenge to Transfer of Writ Petitions and Contempt Petition from Aurangabad Bench to Principal Seat Under Bombay High Court (Appellate Side) Rules, 1960. Legality of Chief Justice's Administrative Transfer Orders and Validity of Proviso to Rule 2 of Chapter XXXI Raised.

The Bombay High Court heard three writ petitions filed by the Lawyers' Forum for General Utility & Litigating Public, Aurangabad, challenging the admi...

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KAHC010102062008_1

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Supreme Court Allows Appeals Against High Court Orders in Temple Administration Dispute — Appoints Retired Judge as Administrator to Conduct Elections Pending Scheme Framing. High Court's Post-Disposal Order Removing Elected Committee Set Aside as Court Became Functus Officio.

The appellants, claiming to be the elected Secretary and President of the Executive Committee of Oachira Parabrahma Temple in Kerala, challenged two o...

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Bombay High Court Grants Leave Under Clause XII of Letters Patent, 1865 for Partition Suit Involving Immovable Property Outside Jurisdiction. Part of Cause of Action Within Jurisdiction Sufficient to Confer Jurisdiction Over Entire Suit.

The plaintiff, Jaspal Sawhney, filed a petition seeking leave under Clause XII of the Letters Patent, 1865 to file a suit (L) No. 494 of 2014 against ...

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High Court of Karnataka Disposes of Appeals Against Interim Injunction in Temple Pooja Rights Dispute. Appeals under Section 104 read with Order XLIII Rule 1(r) CPC challenge trial court's order restraining interference with hereditary archakas' rights at Shree Mahabaleshwara Temple.

The miscellaneous first appeals arose from a common order dated 2020-02-19 passed in Original Suit No. 2 of 2016 by the Principal District and Session...