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Partition and Separate Possession Dispute: Ancestral vs. Self-Acquired Property – High Court Upholds Joint Family Property Status

High Court Clarifies Partition Rights in Joint Family Property, Rejects Prior Partition Claims Presumption of Joint Family Property: The Court held t...

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Supreme Court Refused Quashing of FIR but Granted Anticipatory Bail to the Appellant – Allegations of Misuse of Official Position and Criminal Breach of Trust under Indian Penal Code, 1860 (IPC)

The Court emphasized the need for thorough investigation into the allegations of misuse of powers under the Bombay Land Revenue Code, 1879 – Appella...

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Aakarphod Patrak Not a Document of Title: Bombay High Court Dismisses Writ Petition Challenging Land Sub-Division Order. Court Holds Hissa Form No. 4 Does Not Confer Title; Upholds Minister’s Decision Declaring Aakarphod Patrak No. 12 of 1968 as Infructuous

Aakarphod Patrak/Hissa Form No. 4 – The Bombay High Court held that Aakarphod Patrak or Hissa Form No. 4 (based on the Gunakar Book) does not...

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Interpretation of Government Notification on Exemption of Conversion Fees for Land Reclamation under the Kerala Conservation of Paddy Land and Wetland Act, 2008

The Supreme Court held that the exemption under the Notification applies only to lands up to 25 cents and cannot be extended to larger holdings. The ...

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Civil Suit for Declaration of Title and Possession — Res Judicata, Limitation, and Representative Suit Discussed — Supreme Court Set Aside High Court’s Decree and Dismissed the Suit.

A suit filed in a representative capacity cannot override the conclusive effect of a decree already attained finality, and res judicata shall bar any ...

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Supreme Court Allows Appeal in Property Dispute Over Rejection of Plaint Under Order VII Rule 11 CPC. The Court held that the plaint disclosed triable issues regarding mortgage, power of attorney revocation, and jurisdiction, and could not be rejected at the threshold.

The appellant, Vinod Infra Developers Ltd., claimed ownership of agricultural land in Jodhpur and alleged that it had borrowed Rs. 7.5 crores from res...

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Supreme Court on Interim Orders Without Framing Substantial Questions of Law. Upholding judicial rigor, the Court sets aside an interim order passed without framing substantial legal questions in a second appeal.

The Supreme Court examined whether a High Court can grant interim orders in a second appeal without formulating substantial questions of law under Sec...

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High Court cannot reappreciate concurrent factual findings under Article 226 – Revenue records upheld.

Constitution of India, 1950 – Article 226 – Writ jurisdiction – Interference with concurrent findings – Held: The High Court exceeded its juri...

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Supreme Court Quashes Gangster Act Proceedings for Lack of Violence Allegations and Non-Application of Mind. Definition of 'Gang' Under Section 2(b) of Uttar Pradesh Gangsters Act Requires Violence or Threat; Procedural Rules Mandate Independent Application of Mind by Authorities.

The Supreme Court allowed the appeals filed by Vinod Bihari Lal against the State of Uttar Pradesh and another, quashing the proceedings under the Utt...

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Petitioner’s Plea for Discharge in Land Conspiracy Dismissed by Bombay High Court. Court affirms prima facie evidence of land fraud and conspiracy involving government land.

The Bombay High Court dismissed a writ petition filed under Section 482 of Cr.P.C. and Article 227 of the Constitution. The petitioner, an advocate, w...