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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Finding That Hindu Joint Family Was Not in Existence. Kabuliyat Executed in 1955 and Subsequent Conduct of Parties Established Separation, Barring Claim for Share in Suit Property.

The dispute pertains to a suit for partition and separate possession of a house property situated in Wardha. The plaintiffs claimed that the suit prop...

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High Court of Karnataka Examines Challenge to Composite Show Cause Notice Issued Under Section 74 of CGST Act for Multiple Tax Periods

The petitioner, a partnership firm engaged in real estate development and registered under the Central Goods and Services Tax Act, 2017, filed a writ ...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Brothers — Upholds Concurrent Findings on Ownership and Possession. Suit for Permanent Injunction Dismissed as Plaintiff Failed to Prove Title; Counterclaim for Possession Allowed Based on Prior Partition and Mutation Entries.

The appellant, Gujabrao Chavhan, filed a second appeal against the judgment of the District Court, Yavatmal, which dismissed his appeal and confirmed ...

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High Court of Bombay at Goa Admits Appeal and Reserves Judgment in Family Settlement Dispute. The Court Heard Arguments on Validity of Deed of Family Settlement Under Article 2042 of Family Laws, Estoppel, and Delay, but Final Verdict Not Extracted.

The case involved an appeal from order filed by the original defendants no.2 and 3 challenging the order dated 3.6.2016 passed by the Ad-hoc Senior Ci...

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High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity.

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 A...

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Bombay High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Possession and Title Upheld. Court holds that findings of fact by lower courts on possession and title cannot be interfered with in second appeal under Section 100 CPC unless perverse or based on no evidence.

The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) over land in Udatare, Talu...

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High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...

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Supreme Court Refers Question of Interpretation of Section 14 of Hindu Succession Act, 1956 to Larger Bench Due to Conflicting Precedents. Property received by Hindu female in lieu of maintenance under a will creating life estate raises question whether it falls under Section 14(1) or 14(2).

The present appeal arises from a suit for declaration and possession filed by the respondents (son and grandson of the testator) against the appellant...