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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

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Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate.

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma,...

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Supreme Court Dismisses Appeal in Benami Property Dispute Under Benami Transaction (Prohibition) Act, 1988. Plaintiffs Failed to Prove Property Was Held for Benefit of Hindu Undivided Family Coparceners Under Section 4(3)(a), Making Suit Barred Under Section 4(1).

The dispute originated from a civil suit filed by Laxmi Prasad, his wife, and two daughters against his two sons and subsequent purchasers, seeking de...

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Bombay High Court Directs Court Receiver to Evict Third Party from Suit Property in Port Trust Lease Dispute. Third party found in illegal occupation of building without any right, directed to be evicted with police assistance.

The Bombay High Court addressed a Court Receiver's Report seeking directions regarding a third party, Mr. Sahebrao Kadam, who was found occupying subs...

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Karnataka High Court Upholds Executing Court’s Dismissal of Obstruction Applications Filed Under Order 21 Rule 97 and 99 CPC. Decree for Eviction Executed; Objectors Failed to Prove Possession at Time of Delivery.

The revision petitions arose from the execution of eviction decrees passed by the Small Causes Court in three eviction petitions filed by the decree h...

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Bombay High Court Allows Appeals Against Conviction in Dacoity Case Due to Unreliable Identification and Lack of Corroboration. The court held that the testimony of a single witness (PW8) without corroboration and unreliable identification cannot sustain a conviction under Section 395 IPC.

The case involves two criminal appeals arising from a common judgment of the Additional Sessions Judge, Bombay, in Sessions Case No.1505/99. The appel...

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Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute - Tribunal Lacks Jurisdiction For Non-Notified Properties, Civil Court Retains Authority For Property Status Determination.

The Supreme Court allowed the appeal filed by Appellants against Respondents, setting aside the High Court order and allowing the application under Or...

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High Court Quashes PMLA Proceedings Against Advocate Applicant in Money Laundering Case Involving Anil Deshmukh -- Properties Purchased in 2005-2007 Have No Nexus with Alleged 2020-2021 Proceeds of Crime

The High Court allowed the criminal application filed by Applicant under Section 482 of the Cr.P.C., quashing the process issued against him by the De...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...