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Gujarat High Court Quashes Appointment of Court Commissioner in Partition Suit for Lack of Notice to Defendant. Appointment of Commissioner under Order 26 Rule 9 CPC for collecting evidence of possession without notice to affected party is illegal and beyond scope of provision.

The petitioner, original defendant No.4, filed a petition under Article 227 of the Constitution of India challenging an order dated 6.3.2024 passed by...

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Bombay High Court Considers Petition Challenging Construction of Shopping Complex Within Prohibited Highway Area; Directions for Demolition Sought by Shirdi Councillors Based on Violation of Building Bye-Law and Lack of No-Objection Certificate.

The writ petition concerns a challenge to the construction of a shopping complex on land bearing survey no. 170/A2/1 abutting the Nagar-Manmad highway...

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Bombay High Court Considers Limitation Plea in Suit Alleging Fraud and Late Delivery of Goods Shipped Under Bill of Lading. Defendants Seek Dismissal of Suit on Grounds of One-Year Limitation Period Under Article III(6) of the Carriage of Goods by Sea Act, 1925.

(1) Background: The plaintiff, a Korean company, entered into a contract with Indian exporters for the purchase of cold rolled steel sheets to be ship...

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Supreme Court Dismisses Appeal in Insolvency Case Over Creditor Status and Resolution Plan Approval. Statutory Authority's Claim as Financial or Secured Creditor Rejected Due to Lack of Diligent Action During Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016.

The dispute arose from the Corporate Insolvency Resolution Process (CIRP) of M/s. JNC Construction (P) Ltd, the Corporate Debtor. The appellant, a sta...

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Bombay High Court Dismisses Appeal in Construction Dispute — No Sanction Order Existed, No Estoppel Against Corporation. Plaintiffs failed to prove deemed sanction under Section 264 of Maharashtra Municipal Corporations Act, 1949 as no formal order was passed and no notice of revocation was issued.

The appellants, original plaintiffs, owned plot nos. 71/72, 70/2 and 70/3 on Sheet No. 67-D at Amravati. They filed Regular Civil Suit No. 193 of 1988...

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Gujarat High Court Quashes Appointment of Court Commissioner in Partition Suit for Lack of Notice to Defendant. Appointment of Commissioner under Order 26 Rule 9 CPC for collecting evidence of possession is impermissible without hearing the affected party.

The petitioner, Hemantkumar Chandrakant Gaywala, original defendant No.4, filed a Special Civil Application under Article 227 of the Constitution of I...

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Supreme Court Upholds Right of Co-Occupant to Redeem Mortgage Despite Registered Occupant's Surrender of Occupancy. Surrender Under Section 74 of Bombay Land Revenue Code, 1879 Does Not Affect Non-Surrendering Occupant's Interest Without Authority.

The suit involved redemption of some occupancy lands originally owned and mortgaged by two brothers, S and A, with the khata standing in the name of S...

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Bombay High Court Examines Power of Municipal Commissioner to Revoke Occupancy Certificate in Challenge by Co-operative Society and Developer. Core Issue: Whether Municipal Commissioner Had Authority to Cancel Occupancy Certificate Granted Under Maharashtra Regional and Town Planning Act, 1966.

The writ petition was filed by M/s. Satra Plaza Premises Co-operative Society Ltd., a cooperative society registered under the Maharashtra Co-operativ...