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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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Bombay High Court Dismisses Union of India's Petition Challenging Maintainability of Civil Suit for Declaration of Ownership. Trial Court's Decision on Preliminary Issue Upheld as It Involves Mixed Questions of Law and Fact Not Amenable to Summary Adjudication.

The Union of India, through the Deputy Salt Commissioner, filed a writ petition under Article 227 of the Constitution of India challenging an order da...

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Bombay High Court Allows Notice of Motion to Set Aside Consent Decree in Co-operative Society Dispute; Finds Fraud and Lack of Authority. Consent Decree Vitiated by Dual Representation of Husband-Wife and Absence of Society's Authorization Under Maharashtra Co-operative Societies Act, 1960.

This notice of motion sought to set aside a consent decree dated 19 April 1993 and all subsequent amendments and the conveyance executed in pursuance ...

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Bombay High Court Allows Second Appeal in Property Dispute — Reverses Appellate Court's Perverse Findings. The Court held that the Appellate Court failed to consider the registered sale deed and revenue entries, leading to a perverse finding that warranted interference under Section 100 CPC.

The original plaintiff, Parmanand Gopalrao Kesari (since deceased, represented by legal representatives), filed a suit for declaration of ownership an...

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High Court of Karnataka Dismisses Second Appeal in Property Title Dispute Involving Multiple Previous Suits. Court Examines Maintainability Under Order 2 Rule 2 CPC and Relief Requirements Under Section 34 of Specific Relief Act, 1963 Regarding Declaration Without Consequential Possession.

The dispute originated from a property suit O.S.No.156/2010 filed by seven plaintiffs seeking declaration of title and permanent injunction regarding ...

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High Court of Karnataka Dismisses Writ Petition Challenging Tribunal Orders in SARFAESI Proceeding. Borrowers Failed to Comply with Conditional Orders and Sale Certificate Was Already Issued to Auction Purchaser.

The case arose from a writ petition filed under Articles 226 and 227 of the Constitution of India challenging two orders of the Debts Recovery Tribuna...

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Supreme Court Upholds Referral to Arbitration Despite Fraud Allegations in Development Agreement Dispute. Arbitration Clause Survives Challenge When Fraud Relates to Inducement Not Affecting Contractual Terms.

The appeal arose from a civil suit filed by Deccan Paper Mills Co. Ltd. (appellant) against Regency Mahavir Properties and others (respondents) seekin...

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High Court of Karnataka Adjudicates Batch of Petitions Challenging Constitutional Validity of Forest Development Tax Notification. Petitioners Alleged Notification Ultra Vires Article 246 and Forest (Conservation) Act, 1980, Seeking to Quash Demand Notices.

A batch of writ petitions was filed before the High Court of Karnataka by various mining companies, corporations, and individuals, including National ...

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INCOME TAX APPEAL NO. 499 OF 2012

The appeal before the High Court arose out of an order passed by the Income Tax Appellate Tribunal (ITAT) dismissing the assessee's appeal and upholdi...