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Bombay High Court Dismisses Appeal Against BMC Demolition Notice for Unauthorized Construction. Notice under Section 351 of BMC Act, 1888 Held Valid as Plaintiff Failed to Prove Title or Authorization.

The appellant, Namdev Pandurang Panchal, filed a suit seeking a declaration that a notice dated 19.10.2001 under Section 351 of the Mumbai Municipal C...

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Bombay High Court Dismisses Writ Petition Challenging Refusal to Delete Tenancy Issue in Suit for Declaration of Sale Deed as Void. Civil Court Has Jurisdiction to Decide Tenancy Issue When Ancillary to Main Relief, Not Exclusively Triable by Tenancy Court.

The petitioner, an 87-year-old person of unsound mind represented by the in-charge of an old age home, filed a writ petition challenging an order date...

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Bombay High Court Dismisses Suit by Minor Children Seeking to Set Aside Family Settlement — Memorandum of Family Settlement Held Binding as a Family Arrangement Under Contract Act and Specific Relief Act

The plaintiffs, four children of Madhupati and Anuradha Singhania (Defendants 1 and 2), filed a suit seeking cancellation of a Memorandum of Family Se...

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Bombay High Court Dismisses Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Letters Patent Appeal against decree for possession and mesne profits dismissed as no substantial question of law or perversity found in concurrent findings of fact.

The present Letters Patent Appeal arises from a judgment and decree passed by a Single Judge of the Bombay High Court in First Appeal No. 133/1976, wh...

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Bombay High Court Allows Appeals in Suit for Declaration and Injunction — Finds Plaintiff Failed to Prove Title and Possession. Concurrent findings of trial court reversed as plaintiff's claim of ancestral property and possession was not established by evidence.

The case involves two first appeals arising from a common judgment and decree dated 17-02-2016 passed by the Civil Judge, Senior Division, Kopargaon i...

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Karnataka High Court Dismisses Appeals and Cross Objection in Specific Performance and Possession Dispute Over KHB Allotted House. Agreement Holder Fails to Prove Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The case involves a dispute over a house property allotted by the Karnataka Housing Board (KHB) to the respondent, Venkateshulu, in 1989. The appellan...

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Karnataka High Court Dismisses Appellant's Specific Performance Suit for Lack of Readiness and Willingness — Agreement Holder Not Entitled to Equitable Relief. Concurrent findings affirmed that appellant failed to prove readiness and willingness under Section 16(c) of Specific Relief Act, 1963.

The dispute pertains to a house property allotted by the Karnataka Housing Board (KHB) to the respondent, Venkateshulu, in 1989. The appellant, Smt H ...

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Karnataka High Court Allows Appeal in SC/ST Act Case — Sets Aside Caste Certificate Cancellation Order for Lack of Application of Mind. Special Deputy Commissioner's Order Quashed as Authorities Failed to Consider Relevant Material and Violated Principles of Natural Justice.

The appellant, Smt. Earamma @ Muni Veeramma (since deceased, represented by her legal heir Abbanna), filed a writ appeal before the Karnataka High Cou...

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Karnataka High Court Hears Writ Petition Seeking Quo Warranto Against Zilla Panchayat Adhyaksha Over Caste Certificate Dispute. The Issue Centered on Maintainability of the Writ and the Challenge to a Caste Certificate Issued Under the Karnataka Panchayat Raj Act.

Background: The case involved a writ petition under Articles 226 and 227 of the Constitution of India filed by four individuals who were voters in Bal...