Search Results for "Joint decree"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Joint decree"

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High Court

High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Plaintiff Son Entitled to 1/5th Share in Joint Family Properties. Court holds that properties acquired by father from ancestral nucleus and joint family income are joint family properties, not self-acquired, and that the plaintiff is entitled to partition.

13 Oct 2023

The plaintiff, Sri Niroop D J, filed a suit for partition and separate possession of suit properties against his father, mother, and two sisters. The ...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Holds Property Purchased by Karta from Ancestral Income is Joint Family Property. The court set aside the lower appellate court's decree and restored the trial court's judgment, finding that the property purchased by Anandrao Dhote in his name and his brother's name using ancestral income was joint family property, not self-acquired.

28 Feb 2023

The present second appeal arises from a property dispute among members of a Hindu joint family. The original ancestor, Balkrishna, left ancestral prop...

High Court

Bombay High Court Allows Writ Petition Against Dismissal of Execution Objection — Lower Appellate Court Failed to Consider Merits of Objection Under Order 21 Rule 97 CPC. The court held that the appellate court must consider the substance of the objection regarding tenancy rights and joint possession, not dismiss it on technical grounds.

23 Nov 2010

The petitioners, Shripati Ganpati Jadhav and others, filed a writ petition before the Bombay High Court challenging the order of the District Judge, P...

High Court

Bombay High Court Allows Appeal Against Exparte Decree in Suit for Recovery — Sets Aside Decree Due to Sufficient Cause for Non-Appearance. The court held that illness of a family member and advocate's inability to attend constitute sufficient cause under Order IX Rule 13 CPC, and procedural law must be liberally construed.

23 Sep 2010

The respondent, State Bank of India, filed Special Civil Suit No. 181 of 1992 against the appellants for recovery of dues. The appellants did not file...

High Court

Bombay High Court Grants Probate to Deceased Wife's Will in Testamentary Suit Filed by Husband. Sons' Allegations of Forgery, Undue Influence, and Mutual Will Irrevocability Fail; Court Holds Due Execution Proved Under Indian Succession Act, 1925.

7 Mar 2013

The plaintiff, husband of the deceased Vilasgauri Manilal Doshi, filed a testamentary suit seeking probate of his wife’s will dated 15 April 1970. T...

Supreme Court

Supreme Court Dismisses Partition Suit for HUF Properties — Burden of Proof Not Discharged. Plaintiff Failed to Establish Existence of Hindu Undivided Family Between Two Brothers Despite Alleged Joint Business and Property Acquisitions.

3 Apr 2020

The case involves a dispute over properties claimed to be part of a Hindu Undivided Family (HUF). The plaintiff, Bhagwat Sharan, filed a suit for part...

High Court

Karnataka High Court rules that a wife's failure to join husband after a decree for restitution of conjugal rights is not automatically voluntary desertion barring maintenance under Section 125(4) of the Code of Criminal Procedure, 1973. The court holds that the right to maintenance under Section 125 Cr.P.C. is a social welfare measure and cannot be defeated solely by the existence of a civil decree for restitution when the wife alleges cruelty.

23 Feb 2024

The judgment arises from three revision petitions filed by wives whose claims for maintenance under Section 125 of the Code of Criminal Procedure, 197...

High Court

Bombay High Court Dismisses Husband's Appeal Against Divorce by Mutual Consent — Consent Once Given Cannot Be Unilaterally Withdrawn Without Just Cause Under Hindu Marriage Act, 1955. The court upheld the Family Court's decree of divorce by mutual consent despite the husband's subsequent withdrawal, holding that the Family Court had correctly found the consent to be free and voluntary.

6 May 2011

The appeal arose from a divorce petition filed by the wife on the ground of cruelty. During pendency, the parties executed consent terms on 6 October ...

High Court

Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

24 Aug 2018

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

High Court

Bombay High Court Dismisses Petition Challenging Abatement of Suit for Easement of Necessity. Failure to Bring Legal Representatives of Deceased Plaintiff Within Limitation Leads to Abatement of Entire Suit Under Order 22 Rule 3 CPC.

29 Sep 2006

The petitioners, original plaintiffs 1 to 4 and 6, along with Banubai Hariba Mohite (original plaintiff no.5), filed Regular Civil Suit No.278 of 1981...

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