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Bombay High Court Allows Appeal Against Dismissal of Inventory Proceedings for Desertion Under Portuguese Civil Procedure Code. The court held that desertion of instance requires a duty to proceed and inertia, which was absent as the appellant had no obligation to take steps after remand.

The case involves an appeal against an order of the Comarca Judge of Salcete and Quepem at Margao dismissing an application and closing Inventory Proc...

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Bombay High Court Allows Second Appeal in Property Dispute Between Brothers, Remands Case for Fresh Consideration of Counterclaim. Court holds that a counterclaim for possession cannot be decreed without proper valuation and payment of court fees under the Bombay Court Fees Act, 1959.

The appellant, original plaintiff Gujabrao, filed Special Civil Suit No.90/1993 for a permanent injunction against his brother Punjabrao (defendant No...

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Bombay High Court Quashes FIR in Land Dispute Case Due to Civil Nature and Lack of Criminal Intent. Criminal proceedings under Sections 420, 467, 468, 471, 504, 506 IPC quashed as dispute was essentially civil and no criminal intent was made out.

The applicants, original accused persons, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FI...

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High Court Dismisses Second Appeal Challenging Limitation in Sale Deed Challenge; Suit for Declaration of Sale Deed as Null and Void Found Time-Barred Under Article 60 of Limitation Act, 1963 as Plaintiff Failed to File Within Three Years of Attaining Majority

The plaintiff filed a suit in 1999 seeking a declaration that a sale deed executed by his parents in 1989 in favour of the defendants was null and voi...

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Bombay High Court Allows Second Appeal in Partition Suit — Sales by Karta Not Binding on Coparceners. Hindu Law Requires Legal Necessity for Alienation of Joint Family Property; Burden on Alienee Not Discharged.

The case involves a second appeal filed by the original defendant no.1 against the judgment of the appellate court which held that sales effected by d...

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Bombay High Court Quashes NIT Orders in Gunthewari Regularisation Case — Violation of Natural Justice. Orders passed under Sections 3 and 4 of Maharashtra Gunthewari Developments (Regulation, Upgradation and Control) Act, 2001 set aside for lack of notice and hearing to plot holder.

The petitioner, Veena Waghela, filed a writ petition challenging two orders passed by the Chairman of the Nagpur Improvement Trust (NIT) under Section...

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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...