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"Partition Dispute Over Joint Property: Supreme Court Delivers Final Verdict" Tagline "High Court's Decision on Liability for Rents and Mesne Profits Upheld; Equitable Distribution and Legal Constraints on Partition Discussed"

This case concerns a suit for partition involving a property jointly owned by multiple parties, including the original plaintiff, subsequent buyers, a...

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Supreme Court Allows Appeal by Purchasers from Co-sharer in Injunction Suit: Concurrent Findings of Fact Binding on High Court. Co-sharer's Possession Not Adverse Without Ouster, Purchaser Steps into Vendor's Shoes Under Property Law.

The Supreme Court allowed the appeal by defendant Nos.1 and 2, setting aside the High Court's judgment and restoring the concurrent findings of the Tr...

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Bombay High Court Allows Appeal in Land Acquisition Case — Compensation Enhanced from Rs.275-300 to Rs.500 per sq.m. Based on Comparable Sale Deed and Development Potential. Market Value Determined Under Section 23 of Land Acquisition Act, 1894, with 20% Deduction for Development Charges.

The appellant, Nisar Ahmed Ramzan Momin, owned two plots of land in Village Nizampur, Bhiwandi, Thane, which were acquired by the State for a developm...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Joint Family Property Suit — Plaint Discloses Cause of Action for Partition and Separate Possession.

The applicant, Laxminarayan Parmeshwarlal Jaiswal, original defendant No.1, filed a Civil Revision Application under Section 115 CPC challenging the o...

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Supreme Court Dismisses Appeal in Pre-emption Case, Holding Limitation Runs from Each Sale Under Rajasthan Pre-Emption Act, 1966. Each Sale of Property Gives Fresh Cause of Action for Pre-emption, and Failure to Challenge Earlier Sales Does Not Bar the Right Under Article 97 of Limitation Act, 1963.

The appeal arose from a suit for pre-emption filed by the predecessor-in-interest of respondent No.1 (original plaintiff) against the appellant and ot...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Reasons Renders Judgment Invalid.

The case involves a second appeal filed by the defendants against the judgment and decree of the 9th District Judge, Nagpur, in Regular Civil Appeal N...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Co-ownership Dispute. Court Upholds Award Granting Proportionate Share to Co-owner, Finding No Patent Illegality Under Section 34 of the Arbitration and Conciliation Act, 1996.

The appeal arose from a decision of a Learned Single Judge dated 8 July 2011 dismissing an Arbitration Petition under Section 34 of the Arbitration an...

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Supreme Court Upholds Ban on Apartmentalisation in Chandigarh Residential Plots to Preserve City's Original Character. Fragmentation of single dwelling units into multiple apartments violates Rule 16 of Chandigarh Estate Rules, 2007 and the Chandigarh Master Plan 2031.

The case involves a Public Interest Litigation filed by the Chandigarh Citizens Forum (appellants) against the Chandigarh Administration and others, s...