Search Results for "Equitable Partition"

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Kerala High Court Upholds Trial Court's Grant of Half Share to Sister in Property Dispute Between Siblings. Power of Attorney Revoked by Implication When Principal Joins in Sale, Rendering Subsequent Sale by Agent Void as to Principal's Share.

The appellant, Thankamma George, and respondent No. 1, Lilly Thomas, are sisters who jointly purchased a property in 1991. The appellant, working abro...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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Supreme Court Dismisses Appeal in Specific Performance Case — Agreement to Sell Not Proved as Genuine Due to Discrepancies in Evidence. Plaintiff Failed to Prove Execution of Agreement and Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Jaspal Singh, entered into an Agreement to Sell dated 22.06.2003 with the respondent, Ashwani Kumar, for purchase of 12 marlas of land ...

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Bombay High Court Dismisses Winding Up Petition in Commission Dispute. Debt Held Bona Fide Disputed Under Sections 433(e) and 434 of Companies Act, 1956.

The petitioner, Total Sports & Entertainment India Pvt. Ltd., filed a winding up petition under Sections 433(e) and (f) and 434 of the Companies Act, ...

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High Court of Karnataka Hears Two Regular First Appeals Filed Against Trial Court Judgments in Property Dispute. Appeals Challenge Dismissal of Declaration Suit and Decree of Partition Suit Based on Conflicting Gift Deeds and Succession Claims.

The High Court of Karnataka took up two Regular First Appeals (RFA No.1285/2008 and RFA No.731/2014) for common disposal, arising from two original ci...

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High Court of Bombay Examines Whether Amended Section 6 of Hindu Succession Act, 1956 Operates Retrospectively. The Correctness of the Division Bench Decision in Vaishali Satish Ganorkar Holding Prospective Operation is Challenged, with Parties Citing Supreme Court Precedents.

This matter comprises a batch of second appeals before the Bombay High Court, Civil Appellate Jurisdiction, presided over by Justice R.G. Ketkar. The ...

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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...