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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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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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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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Madras High Court Dismisses Writ Petition Seeking Removal of Encroachment on Common Pathway, Holds Dispute Over Patta Land Must Be Resolved by Civil Court. The court found that the pathway was patta land and a civil suit was pending, making the writ petition not maintainable.

The petitioner, D. Arputham, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the Commissione...

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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...

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Madras High Court Upholds Easement of Necessity Over Cart Track in Partition Dispute Between Brothers. Plaintiff Granted Declaration and Mandatory Injunction for Access to Landlocked Property Under Section 13 of Indian Easements Act, 1882.

The case involves two appeals arising from a suit between two brothers, T.M. Thiruvenkatasamy (defendant) and M.Sundararajan (plaintiff), concerning f...

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Madras High Court Directs Authorities to Consider Representation on Encroachment of Government Lands and Common Pathway. Non-consideration of representation by statutory authority amounts to dereliction of duty, warranting a direction under Article 226 of the Constitution of India.

The petitioner, A. Devadass, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct respondents 1 t...