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High Court of Karnataka Allows Writ Petition in Final Decree Proceedings — Mesne Profits Must Be Determined Before Auction Sale. Held that mesne profits under Section 2(12) CPC are a substantive right that cannot be deferred until after the sale of property in final decree proceedings.

The petitioner, Sri S.P. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders passed by the XV...

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High Court of Karnataka Dismisses Writ Petition Challenging Order in Final Decree Proceedings — Court Holds That Application Under Section 151 CPC Read with Sections 3 and 4 of the Partition Act for Considering Earlier Applications Is Maintainable and Not Barred by Res Judicata.

The writ petition was filed by the petitioners (Mukunda Rao and Venkatesh Rao) challenging the order dated 25.10.2021 passed by the Principal Senior C...

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High Court of Bombay at Goa Allows Second Appeal in Property Dispute — Sale Deed Duly Proved Cannot Be Discarded for Lack of Pleadings. Decree in Earlier Suit Not Binding on Non-Party Where Fraud Alleged.

The appellant, Mrs. Prabhavati Prabhakar Naik, filed a second appeal against the judgment of the District Judge in a property dispute. The background ...

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Bombay High Court at Goa Dismisses Appeal Challenging Declaration of Partition Deed as Null and Void. Partition Deed Executed Without Consent of All Co-Owners and Without Legal Necessity is Void Under Transfer of Property Act, 1882 and Specific Relief Act, 1963.

The case involves a family property dispute among the heirs of Hyder Kassim Khan. The plaintiffs, including the widow and son of one of the brothers, ...

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Bombay High Court Dismisses Partition Appeal Due to Lack of Evidence of Joint Family Property. The court held that the plaintiffs failed to prove that the suit property was ancestral or joint family property, and the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

The appellants (plaintiffs) filed a suit for partition of property claiming it was ancestral/joint family property. The trial court dismissed the suit...

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Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings That Sale Deed Was Null and Void Due to Lack of Title and Possession. Deed of Gift Executed by Co-Owner Without Spouse's Consent Held Invalid Under Portuguese Civil Code.

The appellant, Shivaji Narayan Gaonkar, filed a suit seeking permanent injunction and declaration that a Deed of Gift executed by Respondent No.3 (Lur...

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Bombay High Court Allows Appeal Against Order to Deposit Half of Asset Value in Inventory Proceedings — Jurisdictional Error by Trial Court in Directing Deposit Without Deciding Ownership Claim Under Article 1383 of Portuguese Civil Procedure Code

The appeal arises from an order dated 16th August 2008 passed by the IIIrd Additional Civil Judge, Senior Division, Margao, in Inventory Proceedings N...

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Bombay High Court Upholds Revenue in Income Tax Reference on HUF Income Assessment. Income from assets received on partition by a bachelor remains individual income even after marriage, as no HUF is created without blending.

The case involves a reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal at the instance of the assessee, ...