Search Results for "Partition deed"

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Supreme Court Dismisses Appeal by Purchaser Against High Court Decision That Compromise Decree Does Not Bind Coparceners. Property Reacquired by Coparceners Through Court Decree Retains Joint Family Character, Requiring Consent of All Coparceners for Valid Compromise Under Hindu Law.

The Supreme Court dismissed an appeal against the High Court's judgment which declared that a compromise decree dated 25 March 1976, entered into betw...

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Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Pending Civil Suit — Complaint Held Not Maintainable When Civil Remedy Sought for Same Cause of Action

The petitioner, Dada Govindrao Dhabre, challenged the order of issuance of process and direction for framing of charge against him under Sections 420,...

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High Court Quashes Human Rights Commission Proceedings in Property Dispute Due to Lack of Jurisdiction. The Commission Exceeded Its Powers Under the Protection of Human Rights Act, 1993 by Intervening in a Private Property Matter with a Pending Civil Suit.

The dispute originated from lands in village Zundal, District Gandhinagar, originally owned by Jethabhai Lallubhai Patel and devolved through inherita...

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High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...

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Bombay High Court Adjudges Two Petitions Challenging Collector's Order Forfeiting Reclamation Lease and Imposing Payment Conditions. Petitions Examine Validity of Forfeiture and Entitlement to Regularization Under Rule 40 of Bombay Land Revenue Rules, 1921.

Two writ petitions, WP No. 7104 of 2002 by M/s Baf-Hira Builders Private Limited and WP No. 2004 of 2015 by Eric Anselem Mendes and Austin Gabriel Men...

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Supreme Court Allows Appeal in Possession Suit Limitation Dispute — Article 64 Limitation Act, 1963 Applicable. High Court erred in holding suit within limitation based on earlier observation; limitation runs from date of dispossession, not from declaration of title.

The present appeal arises from a long-standing property dispute. The appellants are the children of late Srinivas Shetty, who had executed a sale deed...

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High Court of Karnataka Quashes FIR and Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice — Complaint Filed Under Section 138 of Negotiable Instruments Act, 1881 Fails as Notice Was Not Sent to Correct Address of Accused.

The petitioners, Sri N. Subramani and Sri Vishwanath N., filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking ...

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High Court of Bombay Considers Application for Rejection of Plaint in Suit Alleging Unauthorized Alienation of Joint Family Property by Father. Limitation Period Under Section 109 of Limitation Act, 1963 Raised as Defence.

The matter arises from an Interim Application filed by Defendant No.1, Mantri Building Condominium, seeking rejection of the plaint under Order VII Ru...

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High Court of Karnataka Hears Second Appeal Against Concurrent Findings of Lower Courts in Suit for Declaration of Title and Possession. Dispute Involves Validity of Registered Will and Claim of Daughter as Class I Heir Over Ancestral Properties.

The dispute concerns an original suit for declaration of title and possession of agricultural and residential properties. The plaintiff claimed to be ...