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High Court of Bombay at Goa Exercises Suo Motu Jurisdiction and Hears Public Interest Litigation Challenging Alienation of Communidade Land to Builders. Alleged Fraud and Violation of Goa Agricultural Tenancy Act, 1964 and Goa Land Use (Regulation) Act, 1991 in Consent Decree and Sale Deeds.

The High Court of Bombay at Goa heard two connected writ petitions – a public interest petition (WP 294/2008) by Pilerne Citizens Forum and a suo mo...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Suit — Limitation Period for Challenge to Auction Sale Under Article 137 of Limitation Act Is Three Years from Date of Sale Confirmation

The appellant, R Venkatapathy, filed a suit (O.S. No. 8639/2006) before the City Civil Court, Bangalore, challenging the auction sale of property cond...

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Bombay High Court Allows Civil Revision Application, Rejects Plaint in Co-operative Society Recovery Dispute. Challenge to Attachment and Auction Orders Under Maharashtra Co-operative Societies Act, 1960 Barred by Section 163, Civil Court Lacks Jurisdiction.

The petitioner, Kalika Nagri Sahakari Patsanstha Maryadit, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, f...

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High Court of Karnataka Dismisses Appeal in Property Dispute — Plaintiff Fails to Prove Possession and Title Against Society and Purchaser. The court held that the plaintiff cannot seek a declaration without establishing his own title, and that mere filing of a suit does not prove possession.

The appellant, S. Nanjappa, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated ...

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High Court of Judicature at Bombay Nagpur Bench Hears Letters Patent Appeals Against Writ Petition Order in Co-operative Sugar Factory Dispute — Appeals involve allegations of mismanagement, enquiry under Section 83 of Maharashtra Co-operative Societies Act, 1960, and liquidation proceedings.

The High Court of Judicature at Bombay, Nagpur Bench, heard two Letters Patent Appeals (No. 197 of 2009 and No. 239 of 2009) arising from Writ Petitio...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Joint Venture Agreements Not Signed by Appellant, No Arbitration Agreement Between Parties.

The appeal arose from an order dated 8 April 2004 passed by the learned trial Judge dismissing Notice of Motion No. 778 of 2004, which was an applicat...