Search Results for "Hiba"

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Bombay High Court Allows Second Appeal in Property Gift Dispute — Father's Power to Gift Ancestral Property Upheld. Compromise Decree Based on Gift Not Challenged, First Appellate Court Erred in Considering Irrelevant Factors.

The appellant, Mubarak S/o Badesab Mulla, filed Regular Civil Suit No.103 of 2007 seeking a declaration of ownership and perpetual injunction regardin...

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Bombay High Court Dismisses Second Appeal in Property Dispute Among Siblings — Upholds Concurrent Findings on Partition and Sale. Court holds that plaintiffs failed to prove that suit property was ancestral or that defendants' alienations were illegal under Muslim personal law.

The case involves a property dispute among siblings. The plaintiffs, daughters of Umar Khan, filed a suit seeking partition and declaration that alien...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees dismissing suit for declaration and injunction, finding no substantial question of law.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) arises from a suit for declaration and injunction filed...

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High Court of Judicature at Bombay Dismisses Defendants' Second Appeal in Property Possession Suit Based on Oral Gift (Hiba) Under Muslim Personal Law. Concurrent Findings of Fact Regarding Valid Oral Gift and Father's Admission in Written Statement Upheld; No Substantial Question of Law Arises.

The dispute centered on ownership and possession of a property within a family, where the plaintiff, a son, claimed that his father had made an oral g...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration and Incomplete Circumstantial Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Ramesh Raosaheb Gaikwad, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of his wife, Manisha, and senten...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration and Incomplete Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Ramesh Raosaheb Gaikwad, was convicted by the Additional Sessions Judge, Raigad-Alibag, for the murder of his wife Manisha under Sectio...

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High Court of Karnataka Dismisses Tenant's Second Appeal in Eviction Suit — Concurrent Findings of Default in Payment of Rent and Subletting Upheld. Section 100 CPC Appeal Fails as No Substantial Question of Law Arises.

The appellant, Abdul Hamed, was the first defendant in Original Suit No. 144/2008 filed by the respondents (plaintiffs) before the Principal Civil Jud...

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Bombay High Court Allows Third Party Impleadment in Property Appeal — Applicants Claiming Adverse Possession Must Be Heard. Order 1 Rule 10 CPC invoked to join parties with independent title claims to ensure complete adjudication.

The present application was filed by two applicants, Khalil Haji Bholumiya Salar and Bilkis Mehboobsaheb Mujawar, seeking impleadment in First Appeal ...