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Supreme Court Allows Appeal in Property Dispute Over Limitation for Voidable Alienations by Guardian. Suit for Declaration and Possession Without Seeking Setting Aside of Sale Deeds Held Maintainable Under Article 65 of Limitation Act, 1963.

The case involves a property dispute arising from a Will executed by Petha Gounder on 17.05.1971, bequeathing a life interest to his sons Kannan and B...

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Bombay High Court Allows Habeas Corpus Petition for Return of Minor Child to Netherlands. Dutch Mother's Custody Rights Upheld; Child's Habitual Residence Determined as Netherlands.

The petitioner, a Dutch national, filed a habeas corpus petition seeking the return of her minor daughter 'N' from the respondent father and his famil...

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Bombay High Court Hears Cross Appeals in Mortgage Redemption Suit Without Naming Parties. The Court Examines Whether a 1947 Mortgage Was Redeemed by Partial Heirs in 1959, Affecting Rights of Other Co-Heirs.

The present appeals arise from a mortgage redemption suit filed in 1976. The original plaintiffs (legal heirs of the mortgagor) sought redemption of a...

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Karnataka High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed. Court holds that no substantial question of law arises under Section 100 CPC where courts below concurrently found plaintiff not to be the legally wedded wife of deceased.

The case involves a second appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 16.04.2004 passe...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Court Holds That Plaint Cannot Be Rejected Under Order VII Rule 11 CPC When Averments Disclose a Cause of Action, Even If Ancestral Character of Property Is Disputed.

The case involves a civil revision application filed by Mohan Hirachand Shah (defendant no.1) against an order of the Civil Judge, Senior Division, Al...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests.

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production ...