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Bombay High Court Upholds Injunction in Adverse Possession Suit — Prima Facie Case and Balance of Convenience in Favor of Plaintiffs. Trial Court's Order Restraining Defendants from Entering Suit Property Maintained as Plaintiffs Established Long-Standing Possession and Serious Triable Issues.

The case arises from an appeal filed by the defendants (Suruna Bothra Associates & Others) against an order dated 4th December 2020 passed by the Civi...

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Bombay High Court Dismisses Revision Against Eviction Decree — Court Receiver Need Not Seek Separate Leave to Sue When Appointed with Full Powers Under Order 40 Rule 1(d) CPC. Notice Under Section 106 T.P. Act Demanding Immediate Possession Is Not Invalid If Suit Filed After Notice Period.

The plaintiff, the Court Receiver appointed by the High Court in Suit No.234 of 1987, was the receiver of the suit property 'Dev Ashish' at Peddar Roa...

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Bombay High Court Dismisses Trust's Challenge to Land Allotment Cancellation for Non-Compliance with Conditions. CIDCO's cancellation of land allotment for failure to develop garden and stadium as per terms upheld as valid exercise of contractual rights.

The petitioner, Mahatma Gandhi Mission Trust, a public trust registered under the Bombay Public Trusts Act, 1950, runs medical and engineering college...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Classification Dispute. Rental Income from Property Held as Stock-in-Trade is Business Income, Not Income from House Property Under Section 22 of Income Tax Act, 1961.

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which held that the rent a...

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Bombay High Court Dismisses Writ Petition Challenging Impleadment of Proposed Defendants in Suit Under MOFA. Court holds that impleadment of persons claiming title to the property is necessary for effective adjudication of the suit under Section 11 of the Maharashtra Ownership of Flats Act, 1963.

The case involves a writ petition filed by Mahendra Jayantilal Vora and two others (petitioners) challenging an order of the trial court allowing thei...

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Bombay High Court Allows Scheme for Small Fixed Deposit Holders in Winding-Up Petition Against Lloyds Finance Ltd. — Court directs framing of scheme to repay small depositors instead of winding up the company, considering that winding up would leave no recovery for any creditor.

The judgment arises from a winding-up petition filed by Shri Basant Lal Agarwal against M/s. Lloyds Finance Ltd. for recovery of Rs. 3,75,00,000 advan...

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Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...

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High Court of Karnataka Dismisses BDA's Appeal in Property Injunction Suit — Upholds Trial Court's Finding of No Prima Facie Title. BDA Failed to Establish Ownership Over Suit Property as Revenue Records Showed Private Ownership, and No Acquisition Proceedings Were Proven.

The judgment arises from two connected Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and dec...