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Bombay High Court Allows Appeal in Co-operative Housing Society Dispute Over Title to Property — Decree of Specific Performance Set Aside Due to Non-Compliance with Statutory Requirements Under Maharashtra Co-operative Societies Act, 1960 and Maharashtra Ownership Flats Act, 1963.

The appellant, The Pashmina Co-operative Housing Society Ltd., filed an appeal under Section 96 of the Civil Procedure Code, 1908, challenging the jud...

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High Court of Karnataka Allows Appeals by Cooperative Society Against Rejection of Plaints in Suits for Permanent Injunction — Dispute Over Title to Property Requires Full Trial, Not Summary Rejection Under Order 7 Rule 11 CPC.

The appellant, Dattaprasad Cooperative Society Ltd., filed four Regular First Appeals against the judgment and decree dated 27.02.2006 passed by the V...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Co-owner in possession cannot claim adverse possession against other co-owners without clear ouster; suit for partition not barred by limitation under Article 65 of Limitation Act, 1963.

The present regular second appeal arises out of a partition suit originally filed as O.S. No. 9/1993 on the file of the Munsiff & JMFC, Koratagere. Th...

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Supreme Court Upholds High Court's Reversal in Gift Deed Case: Presumption of Acceptance Arises from Recital of Possession Delivery. Gift to a deity is validly accepted by trustees; unilateral cancellation by donor is void.

The appeal arose from a suit filed by the respondents (family members of the donor and members of the Kizhakke Veethil Tarwad) seeking a declaration t...

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Karnataka High Court Dismisses Minor Muslim Girl's Petition Seeking Exemption from Child Marriage Act. Personal Law Cannot Override Statutory Prohibition on Child Marriage Under Prevention of Child Marriage Act, 2006.

The petitioner, Seema Begaum, a 16-year-old Muslim girl, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a decla...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine and Enforceable. Court upholds trial court's finding that the plaintiff failed to discharge burden of proving the agreement and readiness and willingness to perform.

The appellant, Merit Magnum Constructions (formerly Vimal Buildings), a partnership firm, filed a suit for specific performance of an agreement to sel...