Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings on Oral Partition. Court holds that finding of oral partition in 1958 was perverse and that the Appellate Court erred in assuming that the deceased father acted as Karta of joint family.

This is a second appeal arising from a partition suit. The appellants, legal representatives of the original plaintiff Shankar Ganpati Jagtap, challen...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings on Oral Partition. Court holds that finding of oral partition in 1958 was perverse and that the Appellate Court erred in assuming that the eldest son acted as Karta during father's lifetime.

The case involves a second appeal arising from a partition suit. The appellants, legal representatives of the original plaintiff Shankar Ganpati Jagta...

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Gujarat High Court Dismisses Appeal Against Rejection of Suit for Cancellation of Sale Deed Under Order 7 Rule 11 CPC. Suit for Cancellation of Sale Deed Barred by Limitation and Lacking Cause of Action as Sale Deed Executed with Full Consideration.

The appellant, Ghanshyambhai Kashibhai Chavda, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment an...

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Karnataka High Court Allows Land Owners’ Appeal, Remands Land Acquisition Reference for Fresh Consideration. Settlement Validity Must Be Examined Under KUDA Act and CPC, Prior Government Approval Necessary for Consent Award.

The appellants were owners of lands bearing Survey Nos.304/2A and 304/2B, measuring 11 acres 24 guntas, situated at Mahalbagayat, Vijayapura. The land...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

This is a second appeal arising from a civil suit for declaration of ownership and permanent injunction. The appellant, Parubai Savliram Kshatriya (si...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings of Encroachment. Suit for possession decreed as appellant-defendant failed to prove title and encroached on plaintiff's plot.

The present second appeal arises from a property dispute. The original plaintiff, Badshaha s/o Maktumsaheb Basale (since deceased, represented by LRs)...

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Bombay High Court Dismisses Appeal Against Return of Plaint in Municipal Tax Dispute — Civil Court Lacks Jurisdiction Over Tax Exemption Claim. Order VII Rule 10 CPC Allows Return of Plaint for Presentation Before Proper Forum When Court Lacks Jurisdiction.

The appellant, Akola Gujrati Samaj, a public trust registered under the Bombay Public Trust Act and a society under the Societies Registration Act, 18...