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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...

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Karnataka High Court Disposes of Writ Petition Challenging Demolition Order and Clarifies Building Plan Sanctioning Authority in KIADB Industrial Areas. Government Order Issued Pursuant to Court Direction Confirms KIADB as Authority After Sale Deed Execution.

The petitioner, proprietor of Vishnu Hotel, constructed a hotel on a plot in Bommasandra Industrial Area allotted by the Karnataka Industrial Areas De...

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Bombay High Court Dismisses Review Petition in Administration Suit Involving Will of Muslim Deceased Married Under Special Marriage Act. Court Holds That Marriage Registration Under Special Marriage Act Attracts Indian Succession Act, Removing Muslim Personal Law Restrictions on Testamentary Disposition.

The plaintiffs filed a Review Petition No. 41 of 2010 seeking review of an order dated 14th October 2010 passed in Notice of Motion No. 2974 of 2008 i...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order VII Rule 11 CPC Not Applicable When Suit Not Barred by Law. The pendency of a probate proceeding does not bar a suit for partition and the plaint cannot be rejected under Order VII Rule 11 CPC.

The appellant, Sri Venkatalingaiah Murthy, filed a petition for Letters of Administration (P&SC No.63/2011) in respect of the Will of late Sri K. Moha...

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Supreme Court Hears Appeals Against Orissa High Court's Order Quashing Land Settlement in Favour of Temple Managing Committee; Issue of 'Amrutamanohi' Lands Under OEA Act and Temple Act

The dispute centered on the settlement of certain lands in Puri, known as 'amrutamanohi' properties, which were claimed to be part of the endowments o...

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Bombay High Court Allows Appeal Against Single Judge Order Requiring Separate Valuation and Court Fees for Joint Will Probate. Court Holds That a Joint Will Executed by Testator and Testatrix Constitutes a Single Subject for Probate, Attracting Single Court Fee Under Bombay Court Fees Act.

The appeal arose from an order of the Learned Single Judge dated 6 February 2013 in a Testamentary Petition for probate of a joint will executed by Ka...

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Bombay High Court Allows Discharge of Senior Citizen Insolvents Under Section 38 of Presidency-Towns Insolvency Act — Assets Fully Administered and No Objection from Creditor. Insolvents Granted Discharge After 9 Years of Undischarged Insolvency, Relieved of Stigma and Disabilities.

The judgment concerns a discharge application filed by two insolvents, Lav Chadha and Naresh Chadha, who are senior citizens aged 65 and 61 respective...

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Bombay High Court Allows Writ Petition Seeking Enforcement of RERA Order and Grants Interim Relief of Deposit and Injunction Against Developer. RERA Order Directing Refund of Investment with Interest Must Be Complied With by Revenue Authorities and Developer.

The petitioner, Rustam Phiroze Mehta, filed a writ petition seeking enforcement of an order dated 15th April 2019 passed by the Maharashtra Real Estat...

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Bombay High Court Upholds Daughter's Right to Coparcenary Share Under Amended Section 6 of Hindu Succession Act Despite Father's Death Before 1956 Act. Daughter Granted 1/4th Share in Suit Property as Amendment is Retrospective and Confers Coparcenary Rights from Birth.

The case involves a second appeal before the Bombay High Court challenging the judgments of the trial court and the first appellate court in a partiti...