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Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

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Karnataka High Court Allows Appeal in Declaration Suit Against Government — Notice Under Section 80 CPC Held Sufficient. Ex.P.7 Notice Complied with Requirements Despite Minor Defects, Lower Appellate Court's Reversal Set Aside.

The appellant-plaintiff, R. Jayaraman, filed a suit for declaration and perpetual injunction against the respondents, who are government officials and...

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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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KAHC010062672020_1

This regular second appeal arose from a dispute concerning agricultural land bearing Sy.No.10/1 measuring 2 acres 3 guntas at Kundarasanahalli Village...

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Madras High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Courts Below. Plaintiff's Claim of Bonafide Purchase Fails as Prior Decree in O.S.No.34 of 1984 Was Binding and Sale Deeds Were Executed During Pendency of Litigation.

The appellant, H.Prema Devakumari, was the unsuccessful plaintiff in a suit for declaration and injunction. She claimed to have purchased plot No.9 fr...

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High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by GPA Holder Without Authority Declared Void. Court holds that a General Power of Attorney must expressly authorize sale of immovable property and that the burden of proving authority lies on the party relying on the GPA.

The case involves a regular first appeal filed by the defendants against the judgment and decree dated 24.02.2012 in O.S.No.2405/2010 passed by the XI...

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Bombay High Court Allows Second Appeal in Property Gift Dispute — Father's Power to Gift Ancestral Property Upheld. Compromise Decree Based on Gift Not Challenged, First Appellate Court Erred in Considering Irrelevant Factors.

The appellant, Mubarak S/o Badesab Mulla, filed Regular Civil Suit No.103 of 2007 seeking a declaration of ownership and perpetual injunction regardin...