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Bombay High Court Upholds Eviction Decree in Possession Suit — Licensee's Claim of Ownership Rejected. Staff Quarter Adjoining Purchased Flat Held to Be Part of Suit Premises; Licensee Cannot Claim Ownership After License Revocation.

The case involves a first appeal against a decree of eviction passed by the City Civil Court, Mumbai. The respondent/original plaintiff, Anjana Viren ...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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Bombay High Court Allows Writ Petition Challenging Railway's Refusal to Grant NOC for Redevelopment of Cooperative Housing Society. Held that Railway land vests in the President of India and the Railway has no authority to demand NOC for redevelopment on land owned by MHADA.

The petitioners, Vinobha Bhave Nagar Godavari Adhyapak Cooperative Housing Society Ltd. and M/s. Nisar Properties Pvt. Ltd., filed a writ petition und...

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Bombay High Court Dismisses Ex-Wife's Appeal for Share in Husband's Properties in Family Property Dispute. Wife failed to prove financial contribution or common intention for joint ownership under Hindu Marriage Act, 1955.

The appellant, Ms. Adhyaatmam Bhamini, filed an appeal against the judgment dated 24th January 2003 of the Family Court, Mumbai, which dismissed her p...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Tractor Not Insured with Appellant. Discrepancy in Vehicle Registration Number in Insurance Policy and Accident Records Leads to No Liability.

The case arises from a motor accident claim where the son of the claimants, Eknath, died when a tractor turned turtle. The claimants sought compensati...

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Bombay High Court Allows Appeal Against Order to Deposit Half of Asset Value in Inventory Proceedings — Jurisdictional Error by Trial Court in Directing Deposit Without Deciding Ownership Claim Under Article 1383 of Portuguese Civil Procedure Code

The appeal arises from an order dated 16th August 2008 passed by the IIIrd Additional Civil Judge, Senior Division, Margao, in Inventory Proceedings N...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Amendment Seeking Declaration of Co-ownership Barred by Limitation. Section 58 of Limitation Act, 1963 applies to amendments introducing new claims after expiry of limitation period.

The case involves a second appeal arising from a suit for specific performance of an agreement for sale of immovable property. The original plaintiffs...

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Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...