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Supreme Court Allows Appeal in Property Dispute Over Limitation for Voidable Alienations by Guardian. Suit for Declaration and Possession Without Seeking Setting Aside of Sale Deeds Held Maintainable Under Article 65 of Limitation Act, 1963.

The case involves a property dispute arising from a Will executed by Petha Gounder on 17.05.1971, bequeathing a life interest to his sons Kannan and B...

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Bombay High Court Allows Appeal in Property Dispute, Sets Aside Injunction Against Dispossession. Plaintiff Failed to Prove Possession and Suit for Possession Based on Title Was Barred by Limitation.

The present First Appeal arises from a judgment of the City Civil Court, Mumbai, in S.C. Suit No.5551/1990, where the suit was decreed in favor of the...

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Bombay High Court Allows Appeal Declaring Marriage Null and Void Due to Lack of Consent and Fraudulent Registration. The court held that the appellant's consistent denial of marriage and evidence of fraudulent registration established lack of consent, rendering the marriage void ab initio.

The appellant, a woman, filed a petition in the Family Court at Mumbai seeking a declaration that she was not the legally wedded wife of the responden...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Gift Deed Cancellation Suit. Suit for Declaration that Gift Deed is Null and Void is Properly Valued Under Section 6(iv)(j) of Maharashtra Court Fees Act, 1959, Not Section 6(iv)(d).

The case involves a civil revision application filed by the defendant, Vasant Kisan Idhol, against an order of the trial court rejecting his applicati...

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Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

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Supreme Court Allows Appeal in Specific Performance Case — Time Was Essence of Contract; Forfeiture of Earnest Money Upheld. Breach by Buyer in Agreements to Sell Land in Gurgaon Leads to Dismissal of Suit for Specific Performance and Refund of Earnest Money.

The case involves a dispute over two agreements to sell agricultural land in Gurgaon, executed on 17.02.2004, between the appellants (sellers) and the...

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Bombay High Court Grants Probate of Will Executed on Same Day as Testatrix's Death, Upholding Its Validity Despite Challenge by Legal Heir. The court held that the execution of the Will was duly proved by attesting witnesses and the suspicious circumstances were dispelled.

The plaintiff, Pravin Laxmidas Tanna, filed a suit seeking probate of the last Will and Testament dated 15.01.2004 of Savita Hiralal Bhindora, who exp...

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Bombay High Court Upholds Interim Injunction Against Demolition of Suit Structure in Municipal Corporation Dispute. Court Restrains Corporation from Demolishing Alleged Unauthorised Construction Pending Suit, Holding That Prima Facie Case and Balance of Convenience Favour Plaintiffs.

The case involves two appeals filed by the Municipal Corporation of Greater Mumbai (defendant no.1) and M/s. Chhaya Construction Company (defendant no...