Search Results for "Daughters' Rights"

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Supreme Court Allows Married Daughter's Claim for Compassionate Appointment as Fair Price Shop Dealer. Exclusion of married daughter from definition of 'family' in G.O. No. 6 of 2019 held ultra vires the 2016 Order and unconstitutional under Articles 14 and 15 of the Constitution.

The appellant, Kulsum Nisha, is the married daughter of Smt. Badrun Nisha, who was the dealer of a fair price shop in village Aariyawan, District Amet...

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Karnataka High Court Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court and first appellate court decrees dismissing suit for declaration and possession, finding no substantial question of law under Section 100 CPC.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a suit for declaration of title and possession f...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Daughters Cannot Claim Share in Coparcenary Property Allotted to Father Before 20th December 2004. The Hindu Succession (Amendment) Act, 2005 is prospective and does not affect partitions effected prior to the amendment.

The case involves a Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated...

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High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Reopen Evidence in Partition Suit — Petitioner Failed to Demonstrate Sufficient Cause for Recalling Witness Under Order 18 Rule 17 CPC

The petitioner, Channabasappa S/o Shivappa Hosamani, filed a writ petition under Article 227 of the Constitution of India challenging the order dated ...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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Bombay High Court Dismisses Sons' Appeal in Gond Tribal Inheritance Dispute. Daughters of deceased Gond father held entitled to equal share in intestate property under Hindu Succession Act, 1956, as alleged customary exclusion of daughters was not proved.

The case involves a dispute between brothers and sisters belonging to the Gond tribe over the inheritance of their deceased father Bapurao Kodape's pr...

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Bombay High Court Allows Stay of Maintenance to Major Unmarried Daughter Under Hindu Marriage Act — Section 26 Does Not Cover Major Children. Maintenance of Rs.10,000 per month to major daughter set aside as Section 26 of Hindu Marriage Act, 1955 only applies to minor children.

The case involves a Civil Application filed by Rajendra Mahadeo Deokule (the applicant/original appellant) seeking stay of an order dated 16th July 20...

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High Court of Karnataka Allows Daughter's Maintenance Claim Under Section 125 CrPC Against Father Despite Muslim Personal Law. The court held that Section 125 CrPC overrides personal law and a major unmarried daughter unable to maintain herself is entitled to maintenance from her father.

The petitioner, Meharunnisa, an unmarried major Muslim daughter, filed a petition under Section 482 CrPC challenging the order of the Fast Track Court...