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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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High Court of Bombay at Nagpur Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Registered Sale Deed Alone Insufficient to Prove Possession Without Evidence of Delivery of Possession.

The appellant-plaintiff, Suresh Namdeorao Wankhade, filed a second appeal challenging the concurrent judgments of the trial court and the first appell...

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Bombay High Court Dismisses Revision Against Refusal to Reject Plaint in Suit for Conveyance and Amenities. Plaint Disclosed Cause of Action and Claim for Conveyance is Continuing Cause of Action Not Barred by Limitation.

The case involves a civil revision application filed by the applicants (defendants in the suit) challenging the order of the learned Senior Civil Judg...

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Bombay High Court Dismisses Appeal in Property Injunction Suit — Co-ownership and Possession Established. Permanent Injunction Granted Against Interference by Defendants Based on Prior Possession and Title.

The appeal arises from a judgment and decree dated 30/08/2004 passed by the Additional District Judge - I, South Goa, Margao in Civil Suit No.183/2004...

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Karnataka High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act Due to Lack of Tangible Material and Mere Change of Opinion. Reopening of Assessment After Full Disclosure and Acceptance of Logo Fee as Revenue Expenditure in Previous Years Held Impermissible.

The writ petition was filed by the assessee, a limited company manufacturing kitchen appliances, challenging a notice dated 11.02.2014 issued under Se...

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Bombay High Court Full Bench Interprets Prospective vs. Retrospective Operation of Amended Section 6 of Hindu Succession Act in Second Appeals. Court Examines Coparcenary Rights of Daughters Born Before and After 2005 Amendment and Whether Division Bench Decision Is Per Incuriam.

This matter came before a Full Bench of the Bombay High Court upon a reference by a learned Single Judge (R.G. Ketkar, J.) who doubted the correctness...

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Bombay High Court Dismisses Suit for Specific Performance of Property Sale Agreement Due to Plaintiffs' Default and Unauthorized Payments. Plaintiffs Failed to Pay Balance Consideration Within Stipulated 10-Month Period and Dealt with Sole Director Contrary to Board Resolution Requiring Joint Action.

The suit was filed by the plaintiffs, Pankaj Anantrai Bhuwa & others, against the defendant, M/s. Ramkumar Shivchandray & Sons, seeking specific perfo...

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Bombay High Court Dismisses Both Challenges to Court Receiver's Royalty Fixation in Family Property Dispute. Court upholds Receiver's order fixing royalty at Rs. 1,50,000/- per month, finding no perversity or lack of material.

The dispute arises out of a family property and business conflict between the plaintiff, Majid Ahmedbhai Oomerbhoy, and the defendants, including Rash...