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Bombay High Court Dismisses Writ Petition Challenging Rejection of Interim Relief in Property Suit — No Prima Facie Case for Return of Title Documents Pending Trial. Agreement for Sale Not Registered and Possession Not Delivered; Trial Court's Discretion Upheld Under Article 227.

The petitioners, as plaintiffs, filed Special Civil Suit No.660 of 2014 against the respondents seeking (i) direction to the bank (defendant no.2) to ...

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High Court of Bombay at Goa Quashes Trial Court Order Refusing Consent Decree in Partition Suit Under Order 23 Rule 3 CPC. Consent Terms Covering Properties Beyond Suit Property Are Lawful and Do Not Require Proof of Title; Trial Court Directed to Pass Decree Within One Month.

The High Court of Bombay at Goa considered a writ petition challenging an order of the Civil Judge Senior Division at Panaji in Special Civil Suit No....

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High Court of Bombay at Nagpur Bench Allows Writ Petition Against Bank for Withholding Title Deeds After Full Loan Repayment — Section 171 of Indian Contract Act, 1872 Does Not Confer Right of General Lien on Banks Over Security Documents Once Loan Is Fully Discharged.

The petitioner, Sunil s/o Ratnakar Gutte, approached the High Court of Bombay at Nagpur Bench by way of a writ petition against Union Bank of India. T...

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Bombay High Court Answers Reference Against Assessee in Sales Tax Case — Delivery Orders Not Documents of Title. Delivery orders issued by bankers against airways bills are not documents of title to goods and are not negotiable under section 2(4) of the Sale of Goods Act, 1930.

The judgment involves multiple Sales Tax References under the Bombay Sales Tax Act, 1959, where the common question of law was whether delivery orders...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Prior Sale as Valid Despite Unregistered Deed. Subsequent Purchaser's Deed Declared Void Ab Initio Due to Notice of Earlier Sale Under Transfer of Property Act, 1882.

The dispute pertains to a portion of land admeasuring 1.70 hectares out of Survey No.13/1 of village Shelavli, Palghar. The plaintiffs (Respondent Nos...

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Madras High Court Dismisses Second Appeal in Property Dispute Involving Sham Sale Deed and Adverse Possession. Court upholds concurrent findings that sale deed was nominal and plaintiffs had perfected title by adverse possession.

The case involves a property dispute over land in Kumarappanaickenpettai. The plaintiffs, sons and daughter of Nataraja Mudaliar, filed a suit for dec...

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Supreme Court Allows Plaintiff's Claim for Possession in Property Dispute Based on Title and Rejects Adverse Possession Defense. Licensee's Possession Cannot Be Converted into Adverse Possession Without Clear Evidence of Ouster.

The dispute pertained to a suit property in Bangalore. The original plaintiff, A. Krishnappa, claimed ownership of the property as joint family proper...