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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholding Concurrent Findings of Joint Family Property. Court holds that a coparcener cannot bequeath or gift ancestral property by will or gift deed, and that the burden of proving partition lies on the party asserting it.

The case involves a second appeal filed by the defendants (appellants) against a decree for partition passed by the trial court and confirmed by the f...

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Supreme Court Upholds Concurrent Findings in Property Dispute Involving Customary Adoption of Gharjamai. Custom of Gharjamai recognized as valid under local tribal customs, and concurrent findings of fact not interfered with under Article 136.

The case involves a property dispute among members of the Oraon tribe in Jharkhand. The original plaintiff, Sukhu Oraon (grandson of the original Sukh...

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Madras High Court Dismisses Second Appeal in Adoption Deed Dispute — Upholds Concurrent Findings of Valid Adoption. Adoption Deed Executed by Natural Parents Voluntarily and Registered, No Fraud or Misrepresentation Proven.

The case involves a second appeal filed by the plaintiffs, C. Subramanian and S. Meenachi, who are the natural parents of a child named Rajasekar. The...

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Bombay High Court Allows Second Appeal in Trust Property Encroachment Case — Defendant Acquitted of Adverse Possession Claim. Suit for Possession by Trust Held Not Barred by Limitation as Encroachment is Continuing Wrong Under Section 23 of Limitation Act, 1963.

The case involves a second appeal filed by Namdeo Khedkar (appellant/defendant) against the judgment of the Joint District Judge, Chandrapur, which re...

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Madras High Court Dismisses Second Appeal in Property Dispute — Confirms Plaintiff's Title and Right to Recovery of Possession. Partition Deed and Revenue Records Establish Ownership; Permissive Occupation Revocable at Will.

The second appeal arose from a suit for declaration, recovery of possession and mandatory injunction filed by the plaintiff K.Saroja Ammal against the...

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Bombay High Court Allows Revenue's Appeal in Rental Income Classification Case. Rental income from leasing unsold units of a commercial complex constructed by a real estate developer is assessable as business income, not income from house property.

The case involves multiple appeals filed by the Commissioner of Income Tax against the common order of the Income Tax Appellate Tribunal (ITAT) which ...

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High Court of Karnataka Dismisses Appeals in Property Declaration Suit — Upholds Trial Court Decree Based on Adverse Possession and Valid Title. Concurrent findings of fact regarding possession and title cannot be disturbed in appeal without substantial error.

The case involves two Regular First Appeals (RFA No.429/2003 and RFA No.506/2003) filed against the judgment and decree dated 13.1.2003 passed by the ...