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Madras High Court Upholds Demolition of Illegal Constructions on Water Bodies in Tamil Nadu. Court Directs Removal of Encroachments and Restoration of Water Bodies to Protect Environment and Public Interest Under Public Trust Doctrine and Article 21.

This batch of writ petitions was filed by various individuals and associations challenging the demolition of constructions on water bodies and river b...

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Madras High Court Dismisses Second Appeal in Property Partition Suit — Confirms Concurrent Findings on Possession and Title. Preliminary decree for partition of 40 cents on eastern side upheld as plaintiff proved prior possession and joint ownership of well.

The second appeal was filed by the defendants against the concurrent judgments of the trial court and first appellate court in a suit for declaration ...

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High Court of Karnataka Allows Appeal in Suit for Declaration and Injunction — Remand Order Set Aside for Non-Compliance with Order 1 Rule 8 CPC. The appellate court's remand for public notice under Order 1 Rule 8 CPC was held erroneous as the suit was for individual rights, not representative capacity.

The case involves a Miscellaneous Second Appeal filed under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908 (CPC) against the judgment and dec...

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Supreme Court Dismisses Appeals in Murder Case Due to Unreliable Evidence and Procedural Issues. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Section 302 Indian Penal Code, 1860, Amid Pathway Dispute and Inconsistent Eyewitness Testimony.

The Supreme Court of India dealt with multiple criminal appeals arising from a common occurrence involving a pathway dispute between the prime accused...

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Supreme Court Allows Appeal in Easement Rights Dispute Over Pathway — Vendor Cannot Confer Exclusive Right After Prior Grant of Access. Section 48 of Transfer of Property Act, 1882 applied to prioritize earlier right of way over later exclusive grant.

The case involves a dispute over a pathway in Chennai. The original owner, C.L. Rajasekaran, owned a large parcel of land on Mowbrays Road. He sold po...

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High Court of Karnataka Allows Second Appeal in Easement Rights Case — Prescriptive Easement Claim Upheld Based on Long User and Acquiescence. Court Restores Trial Court Decree Granting Declaration of Easement by Prescription and Permanent Injunction.

The appellant, N. Vijendra Rao, filed a suit (O.S. No. 276/1994) before the Principal Civil Judge (Jr. Dn.), Mangalore, seeking a declaration of his a...

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Bombay High Court at Goa Allows Revision Petition in Section 133 CrPC Right of Way Dispute. Dispute over easementary rights between Mundkars held to be of civil nature, not amenable to summary proceedings under Section 133 CrPC.

The case involves a criminal revision petition filed by Shri Laxman alias Bala Govekar (petitioner) against an order of the learned Sessions Judge, Ma...

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Bombay High Court Allows Revision Against Order Permitting Withdrawal of Suit with Liberty to File Fresh Suit Under Order 23 Rule 1 CPC. Defects in Plaint Including Misjoinder, Non-valuation, and Improper Reliefs Held Not Formal Defects.

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by Rajaram s/o Jairam Raut (the defendant...