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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands for Fresh Consideration of Measurement Evidence. Court holds that the lower appellate court failed to consider the TILR's map and report, which constituted a substantial question of law under Section 100 CPC.

The present second appeal arises from a suit for possession of encroached land. The appellants, original plaintiffs, are members of a joint family own...

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Bombay High Court Allows Appeal in Guardianship Case — Child's Welfare Paramount. Consent of Biological Parents and Child's Best Interests Justify Granting Guardianship to Prospective Adoptive Parents Under Guardians and Wards Act, 1890.

The case involves an appeal against an order of a learned single Judge dated 30th November 2004 dismissing the appellants' petition for guardianship. ...

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.5186 OF 2001

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Bombay High Court Allows Second Appeal in Partition Suit — Reverses Concurrent Findings of Courts Below. Held that the plaintiffs failed to prove joint family property and that the suit was barred by limitation and res judicata.

The case involves a second appeal arising from a suit for partition and separate possession filed by the plaintiffs (respondents) against the defendan...

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Bombay High Court Dismisses Challenge to Validation Act in Import Fee Dispute. Parliament Competent to Enact Retrospective Validation to Cure Defect in Subordinate Legislation, Even if It Affects Pending Litigation.

The petitioners, M/s R. Piyarelall Import & Export Ltd. and its director, challenged the constitutional validity of the Destructive Insects and Pests ...