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High Court of Bombay at Goa Adjudicates Second Appeal in Agricultural Tenancy Dispute Under Goa, Daman and Diu Agricultural Tenancy Act, 1964. The dispute concerned tenancy rights, deemed purchase, and compromise terms regarding Survey No.1/14 at Paliem, Bardez, Goa.

The judgment concerns a dispute over a property measuring 3000 square metres bearing Survey No.1 Sub Division No.14 of village Paliem, Bardez, Goa. Th...

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Bombay High Court Considers Whether Small Causes Court Has Jurisdiction Over Encroachment Beyond Demised Premises Under Section 28 of Bombay Rent Act. Tenant Challenges Eviction Decree Arising from Alleged Permanent WC and Mezzanine Floor Without Landlord Consent.

The litigation arose from a landlord-tenant dispute over alleged unauthorized permanent additions and alterations in tenanted premises situated at Plo...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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Supreme Court Upholds Preferential Right of Heir Under Section 22 of Hindu Succession Act in Agricultural Land Dispute. Section 22 Applies to Agricultural Land as Succession is a Concurrent Subject and Section 4(2) Omission Confirms Uniform Application.

The appeal arose from a dispute between two brothers, Santokh Singh and Nathu Ram, who inherited agricultural land from their father. An arrangement f...

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Supreme Court Dismisses Appeal by Subsequent Purchaser in Land Acquisition Case — Purchase After Section 4 Notification Confers No Right to Challenge Acquisition or Invoke Section 24 of 2013 Act.

The Supreme Court considered whether a purchaser of land after issuance of a notification under Section 4 of the Land Acquisition Act, 1894 can invoke...

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Supreme Court Upholds Section 13-B of East Punjab Urban Rent Restriction Act, 1949 for NRI Landlords in Chandigarh and Punjab. Constitutional validity of provision granting immediate possession to Non-Resident Indians upheld as reasonable classification under Article 14.

The appeals were filed by tenants challenging the constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, which g...

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Bombay High Court Considers GST Liability on Royalty Payments to Court Receiver in Commercial Property Dispute. The Court Examines Whether Payments to a Court Receiver Under Order XL CPC Constitute Taxable Supply Under the CGST Act, 2017 and Whether GST Should be Discharged via Reverse Charge Mechanism.

The Bombay High Court, in a Court Receiver's Report arising from a commercial suit for recovery of possession of three shops used as a restaurant, exa...