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Bombay High Court Quashes FIR in Step-Mother's Complaint of Criminal Breach of Trust and Cheating Against Step-Son — Holds Nominee Designation Does Not Confer Beneficial Ownership, But Dispute is Purely Civil in Nature

The petitioner, Mukund Ashok Cairae, filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Proc...

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Karnataka High Court Allows Partition Appeal in Co-owner Dispute — Rejects Adverse Possession Claim. Court holds that a co-owner cannot claim adverse possession against another co-owner without ouster, and a suit for partition is not barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves a family dispute over property originally owned by M.A. Mohammed Ayoob. The appellant, Mohammed Hussain, filed a suit for partition ...

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Bombay High Court Allows Wife's Petition to Quash FIR Under Section 498A IPC and Dowry Prohibition Act Due to False Allegations and Malicious Prosecution. The court quashed the FIR as the allegations were found to be false and motivated, and the wife had made contradictory statements.

The petitioner, Sangeeta Santosh Kadam, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Cod...

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Supreme Court Allows Appeals of Temple Shop Owners Against Eviction Without Statutory Procedure Under Tamil Nadu HR&CE Act. High Court's Dismissal of Writ Petitions Set Aside as State Authorities Failed to Follow Chapter VII of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

The appeals arose from a common judgment of the Madras High Court (Madurai Bench) dismissing writ appeals filed by the appellants, who were small busi...

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Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

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Bombay High Court Dismisses Second Appeal in Property Possession Dispute — Concurrent Findings of Ownership and Possession Upheld. Court holds that no substantial question of law arises under Section 100 CPC when findings of fact are based on evidence and not perverse.

The case involves a property dispute between two brothers, Gulab (plaintiff) and Ajab (defendant no.2), over a building constructed on Municipal Plot ...

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Bombay High Court Allows Second Appeal in Partition Suit, Remands Case for Fresh Consideration on Issue of Limitation and Adverse Possession. The court held that the suit for partition is governed by Article 110 of the Limitation Act, 1963, and the defendants failed to prove adverse possession.

The case involves a partition suit filed by Pandurang Sitaram Pande (original plaintiff) against his brothers and other family members for a 1/5th sha...

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Bombay High Court Acquits Appellants in Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Sections 302, 147, 148, 149 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The case involves two criminal appeals arising from a judgment of the Sessions Court, Latur, convicting multiple accused persons for offences under Se...