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Bombay High Court Considers Writ Petition Challenging DRAT Order on Sale of Secured Asset under SARFAESI Act. The Court Examines Whether Sale on 'As Is Where Is' Basis Was Validly Confirmed and Whether DRAT Erred in Setting It Aside.

The matter arises from a writ petition filed under Article 226 of the Constitution of India before the High Court of Bombay. The petitioner, Asset Rec...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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Bombay High Court Allows Second Appeal in Property Dispute — Remands Suit for Fresh Consideration Due to Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination by Lower Appellate Court Renders Judgment Unsustainable.

The appellant, Bhagwan Govind Nagre, filed a second appeal challenging the judgment and order dated 06.06.1994 passed by the learned District Judge, B...

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Supreme Court Allows Appeal in Gift Deed Dispute, Restores Concurrent Findings of Trial Court and First Appellate Court. High Court's Reversal Set Aside for Exceeding Jurisdiction Under Section 100 CPC and Misconstruing Valuation as Consideration.

The Supreme Court allowed the appeal filed by Jagdish Chander (appellant/first defendant) against the judgment of the Himachal Pradesh High Court whic...

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Supreme Court Dismisses Appeal by Temple Idol Against Sale of Trust Property, Holds Trust is Private and Not Governed by Tamil Nadu HR&CE Act. Deed of Settlement Did Not Create a Specific Endowment in Favor of the Deity.

The appeal arose from a judgment of the Madurai Bench of the Madras High Court dismissing the second appeal of the appellant, the Idol of Sri Renganat...

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Bombay High Court Full Bench Interprets Prospective vs. Retrospective Operation of Amended Section 6 of Hindu Succession Act in Second Appeals. Court Examines Coparcenary Rights of Daughters Born Before and After 2005 Amendment and Whether Division Bench Decision Is Per Incuriam.

This matter came before a Full Bench of the Bombay High Court upon a reference by a learned Single Judge (R.G. Ketkar, J.) who doubted the correctness...