Search Results for "previously instituted suit"

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Supreme Court Allows Wife's Appeal in Maintenance Case: Decree for Restitution of Conjugal Rights Does Not Automatically Bar Maintenance Under Section 125(4) CrPC. Wife's Refusal to Return to Matrimonial Home Must Be Based on 'Reasonable Excuse' and Burden on Husband to Prove Wilful Neglect.

The appellant, Rina Kumari (wife), and respondent No. 1, Dinesh Kumar Mahto (husband), were married on 01.05.2014 and separated in August 2015. The hu...

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Bombay High Court Allows Transfer of DV Proceedings to Family Court for Joint Trial with Divorce Petition Under Section 24 CPC. Husband's Application Granted to Avoid Multiplicity of Proceedings and Conflicting Decisions in Matrimonial Disputes.

The Bombay High Court allowed an application under Section 24 of the Code of Civil Procedure, 1908, filed by the husband seeking transfer of DV procee...

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Bombay High Court Allows Recall of Witness in Civil Suit for Cross-Examination on Newly Discovered Documents — Order 18 Rule 17 CPC. Petitioner/Defendant Granted Opportunity to Cross-Examine Plaintiff's Witness on Documents Discovered After Examination.

The petitioner, defendant no. 2 in Regular Civil Suit No. 66 of 2009, challenged the order of the Joint Civil Judge, Junior Division, Kadegaon, reject...

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Bombay High Court Allows Second Appeal in Fragmentation Act Case — Preferential Right of Contiguous Land Owner Upheld. Sale of Fragmented Land to Non-Contiguous Purchaser Violates Section 7 of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.

The appellant, Vilas Shivmurti Munde, filed a second appeal against the dismissal of his suit for declaration and injunction. The suit sought to decla...

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Bombay High Court Dismisses Appeal, Confirms Decree of Redemption of Mortgage in Favor of Plaintiffs. Transaction Held as Mortgage Despite Document Purporting to be Sale, Based on Inadequate Consideration and Agreement to Reconvey.

The case involves a second appeal filed by the defendant (appellant) against the judgment and decree of the Additional District Judge, Biloli, which c...

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Bombay High Court Allows Amendment in Plaint to Include Relief Against Transferee Pendente Lite in Property Dispute. Transfer of Property Act Section 52 Applies to Bind Transferee Pendente Lite by Decree.

The petitioners filed Regular Civil Suit No.742 of 1996 seeking declaration and permanent mandatory injunction against the respondents regarding suit ...

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Bombay High Court Allows Civil Reference in Suit for Injunction Against Recovery of Non-Agricultural Charges Under Bombay Revenue Jurisdiction Act, 1876. Civil Court Not Barred from Entertaining Suit as It Does Not Challenge Assessment but Merely Restrains Recovery of Charges.

The case involves a civil reference made by the Civil Judge, Senior Division, Latur to the Bombay High Court under Section 13 of the Bombay Revenue Ju...

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Bombay High Court Dismisses Petition Challenging Demolition of Unauthorized Structure Under MRTP Act — Petitioner Failed to Produce Valid Documents to Establish Legality of Construction.

The petitioner, Jitendra Gorakh Megh, filed a writ petition under Article 226 of the Constitution of India challenging the demolition of his bungalow ...