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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...

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High Court of Karnataka Allows Reopening of Evidence in Partition Suit Subject to Costs and Conditions. The court set aside the trial court's rejection of applications for reopening and leading further evidence, directing expeditious disposal.

The case involves a partition suit filed in 2008 by the respondent/plaintiff against her siblings and other family members concerning properties left ...

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Supreme Court Confirms Death Sentence for Rape and Murder of 7½-Year-Old Mentally Challenged Girl. Circumstantial Evidence Including Last Seen, Recovery, and Medical Reports Established Guilt Beyond Doubt; Aggravating Factors Outweighed Mitigating Factors.

The Supreme Court dismissed the appeals of Manoj Pratap Singh, upholding his conviction and death sentence for the kidnapping, rape, and murder of a 7...

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Bombay High Court Dismisses Daughter's Appeal in Property Dispute, Upholds Eviction Decree. Daughter's claim of ownership and tenancy rights in suit flat rejected as she failed to prove independent title or landlord's consent.

The case involves two appeals arising from property disputes over Flat No. 9, Matru Chhaya Building, Marine Drive, Mumbai. The appellant, Ms. Smita P....

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Bombay High Court Dismisses Daughter's Appeal in Property Dispute, Upholds Eviction Decree. Daughter's claim of ownership and right to reside in suit flat rejected as she failed to prove independent title or adverse possession against parents.

The case involves two appeals arising from property disputes between a daughter, Ms. Smita P. Doshi, and her parents, Mr. Pravinchandra H. Doshi and M...

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Bombay High Court Allows Amendment of Written Statement to Incorporate Counter Claim for Possession Based on Subsequent Events. The court held that a counter claim based on a cause of action accruing after the suit can be entertained under Order 8 Rule 6A of CPC.

The petitioner, Sheshrao Sable, was the original defendant in Regular Civil Suit No. 18 of 2004 filed by respondent No. 1, Ganesh Sable, for declarati...

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Bombay High Court Allows Amendment of Written Statement in Civil Suit — Liberal Approach to Pleadings Upheld. Amendment sought to incorporate additional facts regarding possession and title, not changing the nature of the suit, allowed with costs.

The petitioners, who were defendants in Regular Civil Suit No.667 of 2009 pending before the 5th Joint Civil Judge Junior Division, Akola, challenged ...

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Bombay High Court Dismisses Appeal Against Remand Order in Property Suit — Trial Court's Judgment Set Aside for Failure to Frame Issues and Consider Evidence. Lower Appellate Court's Remand Under Order 41 Rule 23 CPC Upheld as Proper Exercise of Power to Prevent Failure of Justice.

The case involves a property dispute over land Survey No. 50 admeasuring 26 acres 4 gunthas situated at village Asadullabag. The original plaintiff, K...

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Bombay High Court Full Bench Considers Maintainability of Suit Against Gratuitous Licensee Under Section 41 of Presidency Small Cause Courts Act, 1882. Dispute Arises from Eviction Suit Filed Before Small Cause Court, Challenged for Lack of Jurisdiction Over Gratuitous Licence.

The dispute arose from a suit for eviction filed in the Court of Small Causes at Bombay under section 41 of the Presidency Small Cause Courts Act, 188...