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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The present second appeal arises from a partition suit filed by the original plaintiffs (appellants) against the defendants (respondents). The plainti...

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Supreme Court Quashes Criminal Proceedings in Forgery Case Due to Perfunctory Investigation and Pending Civil Suit. Dispute Over Sale Deed Validity to Be Decided by Civil Court; Criminal Prosecution Quashed to Prevent Abuse of Process.

The Supreme Court allowed the appeal filed by the original accused, R. Nagender Yadav, against the order of the Telangana High Court refusing to quash...

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Supreme Court Allows Appeal in Specific Performance Case — High Court Erred in Reversing Concurrent Findings on Bona Fide Purchaser Defence. Transfer of Property Act, 1882 Sections 41 and 52 interpreted; lis pendens applies to transfers during pendency of injunction suit.

The appeal arises from a suit for specific performance of an agreement to sell dated 10.11.2002 for 16 kanals of land for Rs. 8 lakhs, with Rs. 2.50 l...

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Bombay High Court Allows Partition Suit in Joint Hindu Family Property Dispute — Upholds Trial Court and First Appellate Court Decrees. The court held that the plaintiff proved the existence of joint family business and properties, and the suit was not barred by limitation or res judicata.

The case involves a dispute over partition of Joint Hindu Family properties. The plaintiff, Premsukh, filed a suit for partition and separate possessi...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Plaintiff Failed to Produce Original Document and Attesting Witness. Adverse Inference Drawn Under Section 114(g) of Indian Evidence Act, 1872 for Non-Production of Original Agreement.

The appellant, original defendant, challenged the decree of specific performance passed by the trial court in favour of the respondents/plaintiffs. Th...

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Bombay High Court Acquits Accused in Dacoity Case Due to Flawed Identification Parade and Lack of Evidence. Test Identification Parade Held Without Following Criminal Manual Para 16 Rendered Identification Evidence Inadmissible.

The appellants, original accused Nos. 1 to 5, were convicted by the Additional District & Sessions Judge, Gadhinglaj, Kolhapur in Sessions Case No. 14...