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Bombay High Court Allows Writ Petition Challenging Impleadment of Purchasers in Specific Performance Appeal — Purchasers Claiming Through Plaintiff Are Not Necessary Parties Under Order 1 Rule 10 CPC. Doctrine of Lis Pendens Protects Their Interests Without Impleadment.

The petitioner, Smt. Sonabai Sahebrao Pathrud, filed a suit for perpetual injunction against respondent no.1, Bhausaheb Ganpati Gaikwad, on 14 Februar...

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Bombay High Court Quashes Detention Order Under PASA Act for Non-Application of Mind and Procedural Lapses. Detenu's Preventive Detention Set Aside as Subjective Satisfaction Was Not Properly Recorded and Grounds of Detention Were Not Communicated in Time.

The petitioner, Nitin Bhimabhai Patel, was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA Act) by orders dated 14/03/...

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Bombay High Court Allows Second Appeal in Property Dispute — Finds Concurrent Findings Not Perverse. The Court held that the compromise decree in earlier suit operated as res judicata and that the defendants failed to prove adverse possession.

The case involves a second appeal filed by the defendants-appellants against the judgment and decree of the District Judge, Solapur, confirming the de...

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Bombay High Court Holds Civil Court Cannot Regularise Encroachment on Forest Land in Contravention of Forest (Conservation) Act, 1980 — Government Resolution of 1979 Cannot Override Section 2 of the Act.

This is a reference made by the Joint Civil Judge, Junior Division, Kannad under Section 113 of the Code of Civil Procedure, 1908, seeking answers to ...

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Lower Appellate Court Directed to Decide Appeal on Merits. Remand Under Order XLI Rule 23 CPC Requires Satisfaction of Conditions; Appellate Court Cannot Remand Without Deciding Appeal on Merits.

The appellant, Subhash Moralwar, filed a suit for specific performance of contract against the respondents, Vilas Wankhede and others, in the trial co...

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Bombay High Court on Slum Evictions: Contractual Disputes to Be Raised Separately

The Petitioner filed a writ petition challenging eviction orders passed by the Slum Rehabilitation Authority and the Apex Grievance Redressal Committe...