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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...

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Bombay High Court Quashes Appointment of Court Commissioner in Land Dispute Without Issues Being Framed. Appointment of Commissioner under Order 26 Rule 9 CPC Held Premature When No Issues Framed and No Evidence Recorded.

The petitioners challenged an interlocutory order dated 26/02/2014 passed by the Joint Civil Judge, J.D., Washi, Dist. Osmanabad, below Exh.18 in RCS ...

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Bombay High Court Allows Assessee's Claim for Capital Gains Treatment in Partnership Dissolution Case. Gains from Sale of Land Held as Co-owned Personal Asset Not Business Income Under Income Tax Act, 1961.

The case involved an income tax reference under Section 256 of the Income Tax Act, 1961, for the assessment year 1988-89. The assessee, an individual ...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Suit Barred by Limitation and Defendant Acquired Title by Prescription. Co-owner's suit for partition filed 19 years after withdrawal of earlier suit held time-barred under Article 65 of Limitation Act, 1963.

The appellant (original plaintiff) and respondent (defendant) are brothers who jointly purchased suit property on 02.01.1978. The plaintiff claimed th...

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High Court of Bombay at Goa Dismisses Second Appeal in Property Dispute — Finds No Misconstruction of Land Registration Document. The court upheld the Lower Appellate Court's finding that the suit property (Survey No.191/0) is part of the property registered under No.4181 based on identical boundaries.

The appellant, Comunidade of Poinguinim, filed a suit for injunction against the respondent, M/s Diksha Holdings Limited, alleging interference with s...

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Bombay High Court Allows Wakf Board's Second Appeal in Property Dispute Over Dargah and Graveyard. Court Holds That Wakf Board Can Sue for Declaration and Possession Without Prior Notification Under Section 6 of Wakf Act, 1954, and That Adverse Possession Cannot Be Claimed Against Wakf Property.

The appellant, Maratwada Wakf Board, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment of the fir...