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Gujarat High Court Quashes Eviction Order Against Ashram in Land Encroachment Case — Proceedings Vitiated for Violation of Natural Justice. City Mamlatdar's Order Under Section 61 of the Gujarat Land Revenue Code, 1879 Set Aside as Show-Cause Notice Not Served and No Opportunity of Hearing Given.

The petitioner, Sant Shri Asharam Ashram through its authorized signatory Rajeshkumar Shadilal Bharti, filed a writ petition under Article 226 of the ...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands Case for Fresh Measurement by Court Commissioner. Courts below erred in discarding survey evidence and rejecting application for appointment of Commissioner under Order XXVI Rule 9 CPC.

The appellant, Tulsabai, was the original plaintiff who filed a suit for possession after removing encroachment allegedly committed by the respondents...

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Bombay High Court Allows Fresh Measurement of Suit Land in Recovery of Possession Suit — Trial Court's Rejection of Commissioner Application Set Aside for Lack of Reasons. The Court directed appointment of a Court Commissioner for fresh measurement and map drawing under Order 26 Rule 9 CPC.

The petitioners, original defendants in RCS No.361/2009, filed a writ petition challenging the order dated 21/01/2014 passed by the Trial Court reject...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit Due to Lack of Proper Measurement. Court holds that re-measurement of suit field and adjoining lands is necessary to determine encroachment when description of property in plaint is insufficient under Order VII Rule 3 CPC.

The case involves a second appeal filed by Laxman Wamanrao Nagapure against the judgment and order dated 6.8.2012 passed by the learned District Judge...

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Bombay High Court Dismisses Second Appeal in Land Encroachment Suit — Concurrent Findings of Fact Not Interfered With. Plaintiff Failed to Prove Title and Encroachment Over Suit Land; Appeal Dismissed Under Section 100 CPC.

The present second appeal was filed by the original plaintiff, Sau. Indira Chhabildas Jadhav, challenging the concurrent judgment and decree passed by...

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Bombay High Court Upholds Expressway Land Acquisition Compensation Process; Dismisses Farmers’ Writ Petitions

The petitions were filed by farmers whose lands were acquired for the Jalna–Nanded Super Express Highway project. The landowners challenged the ...

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Madras High Court Allows State's Appeal in Contract Dispute Over Canal Excavation Work — Contractor's Claim for Payment for Work Done Partly Allowed. The court held that the contractor is entitled to payment for work actually done and measured, but the quantum must be proved by proper evidence.

The case involves a second appeal filed by the State of Tamil Nadu and the Executive Engineer, P.W.D., Krishna Water Supply Project, against the judgm...

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Bombay High Court Allows Second Appeal in Encroachment Suit, Restores Trial Court Decree. First Appellate Court Erred in Reversing Ex-Parte Decree Without Considering Evidence of Encroachment by TILR.

The appellant, Sudhakar s/o Baburao Kulkarni, was the original plaintiff in Regular Civil Suit No. 143 of 2010 filed before the Civil Judge Junior Div...