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Madras High Court Disposes Writ Petition Seeking Removal of Obstruction in Cart Track as No Encroachment Found. Government Retaining Wall Constructed by Rural Development Department Not an Obstruction to Petitioner's Access.

The petitioner, K. Chandrasekaran, filed a writ petition before the Madras High Court seeking a direction to the respondents, including the District C...

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High Court Removes Executor in Testamentary Dispute Under Indian Succession Act, 1925 -- Over Estate Administration Breach

The judgment involves a dispute over the administration of the estate of late Rajnikant Ambalal Kilachand, where the Respondent, under a Will dated 27...

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Writ Petition Filed Under Articles 226 and 227 Seeking Quashing of Impugned Order Dated 05.02.2024 and Mandamus for Relocation of Transmission Tower. Challenge Based on Lack of Consent Under Section 67(2) of Electricity Act, 2003 and Violation of Natural Justice.

The petitioners, five brothers who jointly own agricultural land measuring 6 acres 02 guntas in Kasinakunte village, Nidagundi Taluk, Vijayapura Distr...

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Bombay High Court Allows Amendment in Execution Application to Correct Property Description. Executing Court Has Power to Allow Amendment Under Section 152 CPC to Align Execution with Decree.

The petitioner, as legal representative of the original plaintiff, had obtained a decree in Regular Civil Suit No.12/1997 for recovery of possession o...

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Bombay High Court Dismisses Petition Challenging Transmission Line Over Private Land, Upholds Validity of Section 164 of Electricity Act, 2003. The Court Held That the Provisions for Laying Electricity Lines Without Prior Consent Are Constitutional as They Provide for Hearing and Compensation.

The petitioners, Jarnail Singh and Surinder Singh, are owners of land in Nagpur over which respondent No.1, Maharashtra State Electricity Transmission...

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Bombay High Court Dismisses Appeal by Obstructionists in Execution of Possession Decree — Upholds Order for Removal of Obstruction Under Order XXI Rule 97 CPC. Decree for possession passed in 1964 suit; obstructionists claiming independent title failed to prove possession prior to decree.

The appeal arose from an order in Chamber Summons No. 597 of 1996 in B.C.C.C. Suit No. 2056 of 1964, decided by the City Civil Court on 24.4.1998. The...

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Bombay High Court Dismisses Tenants' Petitions Challenging Eviction Decree in Bona Fide Requirement and Subletting Case. Concurrent findings of fact by lower courts upheld as not perverse under Article 227 of the Constitution of India.

The case involves a batch of writ petitions filed by tenants (original defendants) against a common judgment and decree passed by the appellate court ...

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Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...