Search Results for "Civil Judge (Junior Division)"

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Bombay High Court Dismisses Petition Challenging Lok Adalat Compromise in Domestic Violence Case — No Fraud Established Against Settlement Reached Under Protection of Women from Domestic Violence Act, 2005.

The petitioner, Satish Baburao Yadav, challenged an order dated 08.12.2018 passed by the Panel of Lok Adalat in P.W.D.V.A. (Cri.M.A.) No. 62/2018, whi...

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Bombay High Court Dismisses BPCL's Second Appeal in Lease Dispute — No Registered Lease Deed, No Protection Under Section 53A of Transfer of Property Act. Appellant failed to prove possession in part performance of contract as lessee failed to execute registered lease deed despite 1965 agreement.

The appellant, Bharat Petroleum Corporation Limited (BPCL), filed a second appeal against the concurrent decrees of the trial court and the first appe...

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Bombay High Court Dismisses Appellant's Second Appeal in Property Encroachment Dispute. Concurrent findings of fact regarding identification of suit plot based on sale deed boundaries and Commissioner's report upheld.

The dispute in this Second Appeal arises from a property boundary and encroachment issue between two adjacent plot owners in Rewatkar Layout, Mouza Di...

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Bombay High Court Dismisses Petition Challenging Execution Order in Redemption Suit — Execution Court Has Power to Decide Nullity Objection. Decree Passed by Competent Court Is Not a Nullity and Execution Can Proceed.

The petitioner, original defendant No. 2 in a suit for redemption, challenged an order dated 17 August 2018 passed by the Civil Judge Junior Division,...

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Bombay High Court Dismisses Revision Against Rejection of Inquiry into Valuation and Court Fees in Suit for Declaration of Sale Deed as Void. Court Held That Section 8 of Maharashtra Court-Fees Act, 1959 Confers Discretion on Trial Court to Inquire into Valuation, Not a Mandatory Duty.

The case arises from a civil suit filed by the plaintiff (respondent No.1) seeking a declaration that a sale deed of suit property is void, illegal, a...

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Bombay High Court Allows Re-Reference of Mundkarial Issue to Mamlatdar in Civil Suit — Civil Court Has Power to Re-Refer Issue When Earlier Reference Dismissed in Default Without Adjudication on Merits

The petitioner, original defendant in a civil suit, raised a claim of mundkarial rights over the suit property. The Civil Judge framed issue no.7 rega...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. No Substantial Question of Law Arises as Courts Below Correctly Appreciated Evidence on Title and Possession.

The case is a second appeal arising from a suit for possession and mesne profits filed by the original plaintiff Bajirao Amrit Shinde (since deceased,...