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Bombay High Court Allows Appeal in Suit for Possession and Declaration of Title — Remand Order Set Aside for Failure to Decide Limitation and Jurisdiction Issues. First Appellate Court Must Decide All Issues Before Remanding Under Order 41 Rule 23 CPC.

The present appeal from order was filed by the original defendants challenging the judgment and order passed by the learned District Judge-12, Auranga...

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Bombay High Court Dismisses Landlord's Petition in Tenancy Dispute Over Adoption Claim. Adoption of Petitioner Not Proved as Valid Under Hindu Law and Tenancy Act, Hence Tenant's Purchase Rights Upheld.

The petitioner, Kishanrao Aukale, filed a writ petition challenging the judgment of the Maharashtra Revenue Tribunal, Aurangabad, in Tenancy Case No.5...

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Bombay High Court Admitted Second Appeal on Questions of Law Concerning Insolvency Act and Auction Sale Confirmation. The Court Framed Eight Substantial Questions Involving Interpretation of Provincial Insolvency Act, 1920, Order 21 Rule 92 CPC, and Res Judicata in Tenancy Proceedings.

The matter concerned a long-standing insolvency dispute dating back to 1959. Roopsingh Chainsingh Ture filed Insolvency Application No.12 of 1959 befo...

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"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Possession and Mesne Profits — Landlord-Tenant Relationship Established Through Rent Receipts and Admission.

The petitioner, Smt. Kausalyabai Kisan Chavan, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and decre...

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Bombay High Court Dismisses Petitioners' Challenge to Mutation Entries in Land Revenue Records — No Substantial Question of Law Arises Under Article 227 of Constitution of India. Mutation entries are summary in nature and do not confer title; disputes regarding title must be resolved by a civil court.

The judgment pertains to two writ petitions filed under Article 227 of the Constitution of India challenging mutation entries made in the revenue reco...

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Bombay High Court Dismisses Writ Petition Challenging Mutation Entry in Land Revenue Records — No Substantial Question of Law Arises as Dispute Pertains to Civil Rights and Title.

The petitioners, Tejram Hajare and others, filed a writ petition before the Bombay High Court, Nagpur Bench, challenging mutation entries made in the ...

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Karnataka High Court Dismisses Appeal in Partition Suit Involving Tenancy Rights of Joint Hindu Family. Court Holds That Tenancy Rights Are Not Joint Family Property and Cannot Be Partitioned Under Hindu Law.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the defendant against the judgment and decree of th...