Search Results for "Equitable Partition"

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Bombay High Court Upholds Amendment of Plaint in Property Dispute — No New Cause of Action Introduced. Amendment seeking to add details of alternate accommodation agreement and electricity disconnection allowed as it clarifies existing claim without changing the nature of the suit.

The petitioner, Ravi Ashish Builders Ltd, challenged an order dated 10th September 2018 passed by the learned trial judge allowing Chamber Summons No....

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Gujarat High Court Dismisses Second Appeal in Trust Land Exchange Dispute — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Oral Exchange Agreement from 1956 Not Proved; Possession Not Established; Suit for Declaration and Injunction Dismissed.

The appellant, Shree Nootan Kelavani Mandal, a trust registered under the Bombay Public Trust Act, 1950, filed a Second Appeal under Section 100 of th...

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Bombay High Court Dismisses Second Appeal in Perpetual Injunction Suit — Upholds Concurrent Findings on Common Well Usage. The court held that the well in Block No.35 was common to all brothers and the defendant could not obstruct the plaintiffs from using it, based on oral and documentary evidence.

The present second appeal was filed by the original defendant, Ashok Vishwanath Dange, challenging the judgment and decree passed in Regular Civil App...

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Supreme Court Dismisses Appeals in Company Law Dispute Over Maintainability of Oppression and Mismanagement Petition. Nomination Under Section 72 of Companies Act, 2013 Vests Rights in Nominee, Excluding Legal Heirs from Claiming Shares for Petition Maintainability Under Sections 241 and 242.

The dispute arose from a family tussle following the death of Mr. Abhey Kumar Oswal, who held significant shares in Oswal Agro Mills Ltd. and Oswal Gr...

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Bombay High Court Grants Probate to Deceased Wife's Will in Testamentary Suit Filed by Husband. Sons' Allegations of Forgery, Undue Influence, and Mutual Will Irrevocability Fail; Court Holds Due Execution Proved Under Indian Succession Act, 1925.

The plaintiff, husband of the deceased Vilasgauri Manilal Doshi, filed a testamentary suit seeking probate of his wife’s will dated 15 April 1970. T...

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High Court of Karnataka Dismisses Appeal for Non-Prosecution in Partition Suit — Appellant Absent Despite Adjournments. Failure to Appear Leads to Dismissal Under Order XLI Rule 17 CPC.

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under the Partition Act before the High Court of Karnataka at Bengaluru agai...