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Supreme Court Dismisses Partition Suit for HUF Properties — Burden of Proof Not Discharged. Plaintiff Failed to Establish Existence of Hindu Undivided Family Between Two Brothers Despite Alleged Joint Business and Property Acquisitions.

The case involves a dispute over properties claimed to be part of a Hindu Undivided Family (HUF). The plaintiff, Bhagwat Sharan, filed a suit for part...

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Supreme Court Refers Satyawati Sharma to Larger Bench in Delhi Rent Control Eviction Case — Landlord's Bonafide Need for Non-Residential Premises Under Section 14(1)(e) of Delhi Rent Control Act, 1958

The Supreme Court was hearing a batch of appeals arising from eviction petitions filed by landlords under Section 14(1)(e) of the Delhi Rent Control A...

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Supreme Court Allows Union of India's Appeals in National Highways Act Land Acquisition Cases — Section 3J Not Violative of Article 14. The Court held that the non-grant of solatium and interest under the National Highways Act, 1956 is not discriminatory and the Act is a complete code.

The Supreme Court, in a batch of appeals filed by the Union of India, considered the validity of the non-grant of solatium and interest under the Nati...

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Bombay High Court Dismisses Appeal in Property Suit, Upholds Decree for Deficit Court Fee Recovery. Appellants' suit for declaration of title and injunction dismissed for failure to pay proper court fee on market value of property.

The appellants, original plaintiffs, filed a suit for declaration of title and permanent injunction in respect of an immovable property. The trial cou...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Development Agreement Dispute. Court upholds award of damages for delay in handing over possession and interest under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, BASF India Ltd., entered into an agreement dated 5.3.2002 with the respondent, Landcom Properties Pvt. Ltd., under which the responden...

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Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...