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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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Bombay High Court Dismisses Petition for Revocation of Probate Due to Inordinate Delay and Lack of Grounds. Petitioners failed to establish any ground for revocation under Section 263 of the Indian Succession Act, 1925, as they were aware of the probate for over 30 years.

The petitioners, who are heirs of the deceased Andrew Satiro D'Cunha, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking r...

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Karnataka High Court Considers Appeal and Cross-Objection Against Trial Court's Dismissal of Suit for Declaration of Title and Possession. Trial Court Dismissed Suit on Grounds That Plaintiffs Failed to Prove Genealogical Link and Revenue Entries Do Not Establish Title.

The matter arose out of a suit for declaration of title and recovery of possession filed by the legal heirs of late Venkategowda and Smt. Honamma, cla...

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Supreme Court Examines Legality of Order Compelling Accused to Provide Voice Sample for Investigation Purposes. Court Considers Scope of Self-Incrimination Protection and Implied Powers of Magistrate Under Criminal Procedure Code and Identification of Prisoners Act.

The Supreme Court heard an appeal arising from a criminal investigation where the police sought a voice sample of the appellant, Ritesh Sinha, to comp...

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High Court of Bombay at Nagpur Allows Appeal in Cheque Dishonour Case Due to Discrepancy in Date of Knowledge of Dishonour — Notice Held to be Within Time as Complainant Received Information on 23rd May, 1997.

The appellant, Tarachand Paliwal (since deceased, represented by his legal heir Rupesh Paliwal), filed a criminal appeal against the acquittal of the ...

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Supreme Court Acquits Accused in Kerala Forest Act Case Due to Lack of Evidence and Statutory Interpretation. Sandalwood Oil Not Classified as Forest Produce Under Section 2(f), and Prosecution Failed to Prove Illicit Removal from Reserve Forest as Required Under Section 27(1)(d).

The appeal arose from a criminal conviction under the Kerala Forest Act, 1961, involving the appellant, a partner in a firm manufacturing and trading ...