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Gujarat High Court Allows Land Acquisition Appeals Despite Limitation, Emphasizes Liberal Approach for Illiterate Claimants. The court held that delay in filing reference under Section 18 of the Land Acquisition Act, 1894 should be condoned when claimant is illiterate and not advised about limitation.

The present appeals arise from a common judgment of the Gujarat High Court concerning land acquisition matters. The appellant, Bhalabhai Fatabhai Khan...

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High Court of Gujarat Allows Appeal in Land Acquisition Reference Case Due to Limitation Issue — Notice Under Section 12(2) Not Served. Limitation for Reference Begins Only Upon Receipt of Notice Under Section 12(2) of the Land Acquisition Act, 1894.

The case involves a first appeal filed by the heirs of the original claimant, Pagi Bhemaji Dhiraji (since deceased), challenging the judgment and orde...

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High Court of Gujarat Dismisses Employer's Appeal in Workmen's Compensation Case — Employer Failed to Disprove Employment Relationship and Negligence. Commissioner's award of compensation, penalty, interest, medical expenses, and costs under Employees' Compensation Act, 1923 upheld.

The present appeal was filed by the Chief Officer, Bhanvad Municipality, under Section 30 of the Employees' Compensation Act, 1923, challenging the ju...

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Madras High Court Allows Appeal in Specific Performance Suit — Agreement Holder Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Must Be Established Throughout the Period of Contract Under Section 16(c) of the Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 10.06.2006. The plaintiff, T.K.Kandhaswamy, sought to enforce the...

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Bombay High Court Dismisses Application for Rejection of Plaint in Adoption and Inheritance Dispute. Court holds that the plaint discloses a cause of action and raises triable issues regarding adoption and limitation, warranting a full trial.

The plaintiff, Usha Ramrao Bhojane, filed a suit seeking a declaration that she is the adopted daughter of the late Laxman Shegaonkar and the late Yam...

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High Court of Bombay at Goa Dismisses Petition Challenging Labour Commissioner's Order Under Section 33C(1) of Industrial Disputes Act, 1947 — Recovery Certificate for Backwages Upheld Despite Bank's Claim of Limitation and Set-Off

The petitioner, The Goa Urban Co-operative Bank Ltd., challenged an order dated 24/03/2017 passed by the Labour Commissioner under Section 33C(1) of t...

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Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

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Bombay High Court Allows Public Interest Litigation Seeking Demolition of Illegal Construction on Khajuria Lake and Restoration of Water Body. Municipal Corporation and State Directed to Recover Costs from Erring Officers and Initiate Prosecution for Unauthorized Filling of 100-Year-Old Lake.

The petitioner, an Indian citizen and resident of Mumbai, filed a Public Interest Litigation seeking directions to demolish illegal construction on CT...