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Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

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Madras High Court Quashes Criminal Proceedings in Family Property Dispute — Settlement Deeds and Will Not Proven Forged. Court holds that mere pendency of civil suit does not automatically lead to criminal liability under Sections 465, 467, 468, 471 IPC without independent evidence of forgery.

The petitioners, Sugarthi @ Barshiya and Nizam Baizal, filed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeki...

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Bombay High Court Allows Petition Challenging Cancellation of Earthquake Affected Person Certificate — Tahsildar Cannot Review Civil Court Decree. Circular Issued by Collector Cannot Override Hindu Adoption and Maintenance Act, 1956.

The petitioner, originally the biological son of Shankar Ramu Pawar, was given in adoption to Lalu Shivram Jadhav and his wife on 18.04.2022 through a...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Possession and Title. Co-owner in possession cannot be dispossessed except by due process of law; decree for possession based on title is maintainable.

The present second appeal was filed by the original defendant (Rakesh Engineering, through its proprietor Chandrika Mohan Sharma) against the judgment...

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Karnataka High Court Allows Daughters' Partition Appeal in Hindu Succession Act Case — Daughters Entitled to Equal Share Despite Earlier Partition Deed. Daughters' right to partition upheld as the earlier partition deed was not binding on them under Section 6 of the Hindu Succession Act, 1956.

The appeal arises from a judgment and decree dated 13.12.2016 passed by the II Additional Senior Civil Judge and JMFC, Tumakuru, in O.S.No.10/2014, di...