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Bombay High Court Quashes FIR in Land Dispute Case Due to Civil Nature and Malafide Prosecution — Criminal proceedings under Sections 442, 323, 504, 506, 427 IPC quashed as the dispute was essentially civil and the FIR was filed with malafide intent to harass the applicants.

The applicants, Raghunath Udelal Mahale and three others, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC...

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Bombay High Court Dismisses State's Petition Against MRT Order in Forest Land Dispute — Failure to Implead Necessary Parties and Lack of Evidence of Government Ownership Leads to Dismissal.

The State of Maharashtra and the Deputy Conservator of Forests, Alibag, filed a writ petition under Article 226 of the Constitution of India challengi...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit Due to Lack of Proper Measurement. Court holds that re-measurement of suit field and adjoining lands is necessary to determine encroachment when description of property in plaint is insufficient under Order VII Rule 3 CPC.

The case involves a second appeal filed by Laxman Wamanrao Nagapure against the judgment and order dated 6.8.2012 passed by the learned District Judge...

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High Court of Karnataka Quashes Permission Granted Under Section 4(2) of PTCL Act for Non-Compliance with Government Circulars. Revenue Authorities Failed to Follow Mandatory Guidelines Requiring Prior Approval from Deputy Commissioner Before Granting Permission for Transfer of Granted Lands.

The petitioners, A K Chikkaveerappa and others, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of...

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Gujarat High Court Allows Petition Challenging Collector's Rejection of NA Permission for Agricultural Land. Collector's Order Set Aside for Violating Principles in Tushar Ghelani Case Regarding Non-Agricultural Use Conversion.

The petitioner, Bhumikaben D/O Janakkumar Brahmbhatt W/O Chiraj Rajendrakumar Rao, filed a petition under Article 226 of the Constitution of India bef...

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High Court of Karnataka Allows Partition Appeal in Hindu Succession Act Case — Daughter Entitled to Share in Joint Family Property. Daughter's claim for partition and separate possession of 1/2 share in suit properties decreed, setting aside trial court's dismissal.

The Regular First Appeal was filed by the plaintiff, Smt. Mallawwa Laxman Yadahalli (since deceased, represented by her LR Smt. Parvati Gorawade), cha...

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High Court of Karnataka Dismisses State Appeals in Land Acquisition Case — Upholds Compensation Enhancement for Acquired Land. Court holds that belated acquisition proceedings and failure to pay compensation within five years render acquisition lapsed under Section 11A of the Land Acquisition Act, 1894.

The case involves a batch of writ appeals filed by the State of Karnataka and its authorities against the judgment of a learned Single Judge in land a...

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Supreme Court Allows Appeal in Motor Vehicle Accident Claim, Restoring Compensation Based on Income Tax Returns. Income Tax Returns and Audit Reports Held Reliable Evidence for Determining Loss of Income Under Section 168 of Motor Vehicles Act, 1988, Overturning High Court's Use of Notional Income.

The Supreme Court heard a civil appeal arising from a motor vehicle accident claim. The deceased, a businessman aged above 31 years, died in a collisi...

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Bombay High Court Dismisses Appeal in Land Ceiling Case — Natural Tank Area Included in Surplus Land Calculation. Land occupied by natural tank cannot be excluded from total holding under Section 21 of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.

The appellants, Sou. Bhagyashreeraje w/o Shivajirao Dhanwatey and Shivajirao Vasantrao Dhanwatey, challenged the judgment of a learned Single Judge in...

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Bombay High Court Dismisses Writ Petitions Seeking Mandatory Lis Pendens Entry in 7/12 Extracts Under Maharashtra Land Revenue Code. Government Resolution Not Recording Lis Pendens Upheld as No Express Statutory Provision Mandates Such Entry.

The two writ petitions before the Bombay High Court raised a common issue concerning the mandatory recording of lis pendens entries in land records, s...