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Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

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Karnataka High Court Dismisses Appeal in Partition Suit — Muslim Personal Law Overrides Karnataka Stamp Act. Settlement Deed Among Muslim Parties Not Required to Be Stamped Under Article 48 of Karnataka Stamp Act, 1957.

The case involves a partition suit filed by the respondents (daughters and widow of late T.A. Abdul Jabbar) against the appellants (sons of late T.A. ...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert, and Suit Property Not Identified.

The appellant, M/s. Jamnalal Bajaj Seva Trust, filed a Regular First Appeal under Section 96 of the CPC against the judgment and decree dated 30.04.20...

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High Court of Karnataka Allows Appeal in Summary Suit for Recovery of Money — Defendant Granted Leave to Defend as Triable Issues Exist. The court set aside the decree and remanded the matter for trial, holding that the trial court erred in not granting leave to defend under Order 37 Rule 3(6)(a) CPC.

This appeal by the defendant is directed against the judgment and decree dated January 25, 2010 in O.S. No. 15450/2005 passed by the XXVI Addl. City C...

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Karnataka High Court Allows Appeal in Part, Upholds Quashing of Government Order Including Dargah as Religious Institution Under Karnataka Education Act. Court Remits for Reconsideration Without High Level Committee Report, Emphasizing Natural Justice and Independent Application of Mind by Government.

The case involves a writ appeal filed by Syed Ghouse Mohiyuddin Shah Khadri, the Sajjada Nasheen of Hazrath Dada Hayeth Meer Kalandar Dargah in Chikka...

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High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Daughter Entitled to Half Share in Ancestral and Self-Acquired Properties. Daughter's claim for partition upheld as co-parcenary rights under Hindu Succession Act, 1956 apply equally to daughter and son.

The appellant, Smt. P L Nanjamma, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree ...

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High Court of Karnataka Allows Appeal in Money Recovery Suit — Admission of Liability in Written Statement Constitutes Acknowledgment Under Section 18 of Limitation Act, 1963. Suit for Recovery of Money Based on Supply of Goods Held Not Time-Barred Due to Defendant's Admission.

The case involves a suit for recovery of money filed by M/s. Jindal Steels, a partnership firm (plaintiff), against Trident Architectural Aluminium Pr...

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Karnataka High Court Dismisses Appeal in Land Title Dispute Against BDA and State — Plaintiffs Fail to Prove Title and Possession. Suit for Declaration and Possession Dismissed as Plaintiffs Could Not Establish Ownership Over Property Allegedly Acquired by BDA.

The appeal arises from a judgment and decree dated 09.03.2007 passed by the IX Additional City Civil Judge, Bengaluru, in O.S.No.9426/1997, dismissing...