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Home » News » Page 249
Bombay High Court Upholds Trial Court Decision: Refuses to Reject Property Dispute Suit Under Order VII Rule 11 CPC, Citing Triable Issues Over Competing Sale Deeds and Alleged Injunction Violations
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Bombay High Court Upholds Trial Court Decision: Refuses to Reject Property Dispute Suit Under Order VII Rule 11 CPC, Citing Triable Issues Over Competing Sale Deeds and Alleged Injunction Violations

Court’s Decision: The Bombay High Court dismissed the civil revision application (CRA) challenging the trial court's decision to reject an application under Order VII Rule 11 of the Code of…
Posted by Rawlaw January 4, 2025
Supreme Court Upholds Eviction of Unauthorized Occupants from Shamlat Deh Lands: Clarifies Leasehold Possession Does Not Equate to Allotment or Ownership Under Punjab Village Common Lands Act, 1961
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Supreme Court Upholds Eviction of Unauthorized Occupants from Shamlat Deh Lands: Clarifies Leasehold Possession Does Not Equate to Allotment or Ownership Under Punjab Village Common Lands Act, 1961

Court’s Decision The Supreme Court dismissed multiple Special Leave Petitions (SLPs) seeking protection under the amended Section 2(g)(ii-a) of the Punjab Village Common Lands (Regulation) Act, 1961. The Court ruled…
Posted by Rawlaw January 4, 2025
Delhi High Court Appoints Independent Arbitrator, Invalidates Unilateral Appointment Clause: Emphasizes Neutrality and Fairness in Arbitration Under Perkins Eastman Principles
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Delhi High Court Appoints Independent Arbitrator, Invalidates Unilateral Appointment Clause: Emphasizes Neutrality and Fairness in Arbitration Under Perkins Eastman Principles

Court’s Decision The Delhi High Court allowed the petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, and appointed an independent sole arbitrator to adjudicate disputes between the…
Posted by Rawlaw January 4, 2025
Supreme Court Partially Validates Property Transfers by Adoptive Mother: Upholds Sale Deed, Nullifies Gift Deed for Lack of Possession Transfer, Reinforces Rights of Adopted Children Under Hindu Succession Law
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Supreme Court Partially Validates Property Transfers by Adoptive Mother: Upholds Sale Deed, Nullifies Gift Deed for Lack of Possession Transfer, Reinforces Rights of Adopted Children Under Hindu Succession Law

Court’s Decision: The Supreme Court partially allowed the appeal: Sale Deed: The sale deed executed by the adoptive mother in 2007 was upheld as valid. Gift Deed: The gift deed…
Posted by Rawlaw January 4, 2025
Bombay High Court Upholds Public Status of Vahivat Road: Dismisses Claims of Exclusive Ownership, Citing Balance of Convenience and Irreparable Harm in Favor of Respondents
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Bombay High Court Upholds Public Status of Vahivat Road: Dismisses Claims of Exclusive Ownership, Citing Balance of Convenience and Irreparable Harm in Favor of Respondents

Court’s Decision The Bombay High Court dismissed two writ petitions challenging the District Court's decision, which overturned an injunction granted by the Trial Court. The injunction had restrained the respondents…
Posted by Rawlaw January 4, 2025
Supreme Court Remands Andhra Pradesh Assigned Lands Case: Sets Aside High Court Judgment Over Misconception Regarding Non-Alienability Under Revised Assignment Policy of 1958 and AP Assigned Lands (Prohibition of Transfer) Act, 1977
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Supreme Court Remands Andhra Pradesh Assigned Lands Case: Sets Aside High Court Judgment Over Misconception Regarding Non-Alienability Under Revised Assignment Policy of 1958 and AP Assigned Lands (Prohibition of Transfer) Act, 1977

Court's Decision: The Supreme Court of India set aside the common judgment of the Andhra Pradesh High Court dated 02.09.2008 in a series of writ petitions and appeals. It remanded…
Posted by Rawlaw January 4, 2025
Bombay High Court Upholds Stay Order in Dispute Over Specific Performance of Property Agreement: "Defendants Step into the Shoes of the Corporate Debtor"
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Bombay High Court Upholds Stay Order in Dispute Over Specific Performance of Property Agreement: “Defendants Step into the Shoes of the Corporate Debtor”

1. Court’s Decision The Bombay High Court dismissed the writ petition filed by Defendant Nos. 2 and 3 (subsequent purchasers of the disputed property). The petition challenged the trial court's…
Posted by Rawlaw January 4, 2025
Supreme Court Observes, "Suspicious Circumstances Must Be Resolved Before Declaring a Will Genuine"; Emphasizes Distinction Between Validity and Genuineness, Remands Case to Bombay High Court for Fresh Consideration
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Supreme Court Observes, “Suspicious Circumstances Must Be Resolved Before Declaring a Will Genuine”; Emphasizes Distinction Between Validity and Genuineness, Remands Case to Bombay High Court for Fresh Consideration

Court’s Decision: The Supreme Court of India allowed the appeal, setting aside the Division Bench's judgment of the Bombay High Court, which had granted Letters of Administration (LoA) based on…
Posted by Rawlaw January 4, 2025
Allahabad High Court: "Litigants Should Not Bear Double Court Fees on Remand"; Upholds Fairness and Orders Refund Under Section 13 of the Court Fees Act, 1870
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Allahabad High Court: “Litigants Should Not Bear Double Court Fees on Remand”; Upholds Fairness and Orders Refund Under Section 13 of the Court Fees Act, 1870

Court’s Decision The Allahabad High Court allowed the appeal, overturning the trial court’s rejection of the plaint due to non-payment of ad valorem court fees. The court held that the…
Posted by Rawlaw January 4, 2025
Supreme Court Upholds Partition Rights: Invalidates Disputed Will Shrouded in Suspicion, Reinforces Burden on Propounder to Prove Genuineness in Testamentary Disputes
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Supreme Court Upholds Partition Rights: Invalidates Disputed Will Shrouded in Suspicion, Reinforces Burden on Propounder to Prove Genuineness in Testamentary Disputes

Court’s Decision: The Supreme Court dismissed the appeal filed by the defendants (second wife and her children), affirming the decisions of the Trial Court and the High Court. Both lower…
Posted by Rawlaw January 4, 2025

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