Search Results for "voidable sale"

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"Deputy Commissioner Cannot Exceed Revisional Jurisdiction Under Karnataka Municipalities Act – Karnataka High Court Quashes Building Licence and Khata Cancellation Orders for Violation of Natural Justice"

The petitioner challenged the orders dated 27.11.2013 and 02.08.2017 whereby the building licence granted in respect of the subject property was cance...

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Madras High Court Allows Writ Petition Challenging Refusal to Register Settlement Deed Due to Non-Application of Mind by Sub-Registrar. Sub-Registrar's Refusal Based on Missing Original Sale Deed and Non-Mutation of Revenue Records Held Invalid Under Section 35 of Registration Act, 1908.

The petitioner, Sorkathkani, and her husband purchased a property measuring 2.5 cents in Shenkottai Town through a registered sale deed dated 2003 (Do...

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Madras High Court Allows Writ Petition Challenging Refusal to Register Relinquishment Deed Due to Name Discrepancy. Court Directs Registration Subject to Compliance with Rule 55A of Tamil Nadu Registration Rules, 2000 and Production of Identity Certificate.

The petitioner, Mohammed Assan, and his brother K.Mubarak @ Abdul Mubarak jointly purchased landed property in Tenkasi Village through a registered sa...

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High Court of Bombay Dismisses Petition under Section 34 of Arbitration Act and Confirms Arbitral Award in Contract Dispute; Appeal Under Section 37 Arises. Single Judge's Order Upholds Award Holding Breach of Contract by Not Supplying DTC Lists

The appeal under section 37 of the Arbitration and Conciliation Act, 1996 was filed by Maharashtra State Electricity Board (MSEB)/Maharashtra State El...

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Bombay High Court Allows Rejection of Plaint in Trust Dispute for Non-Compliance with Section 50 of Bombay Public Trust Act, 1950. Suit by devotees challenging removal of deity held barred without Charity Commissioner's consent.

The case involves a Notice of Motion filed by defendant trustees (defendant Nos. 1, 3, 4, and 5) in a suit seeking rejection of the plaint under Order...

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Bombay High Court Considers Appeal Against Trial Court's Refusal to Cancel a Conveyance Deed in a Trust Property Dispute. The Appeal Challenges the Declaration that the Ante-dated Deed Is Inoperative Only to the Extent It Affects Trust Rights, Rather than Cancelling It Entirely.

The dispute centered on a trust property created by a deed of settlement dated 17 March 1951, with the plaintiff Bomi Munchershaw Mistry as a benefici...

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Bombay High Court Allows Second Appeal in Partition Suit — Sales by Karta Not Binding on Coparceners. Hindu Law Requires Legal Necessity for Alienation of Joint Family Property; Burden on Alienee Not Discharged.

The case involves a second appeal filed by the original defendant no.1 against the judgment of the appellate court which held that sales effected by d...

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Bombay High Court Allows Second Appeal in Partition Suit — Sales by Karta Not Binding on Coparceners. Court holds that alienation of joint family property by a karta without legal necessity or benefit to estate does not bind other coparceners under Hindu law.

The case involves a second appeal filed by the original defendant No.1 against the judgment of the appellate court in a partition suit. The plaintiffs...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...