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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Bombay High Court Allows Wife's Appeal for Annulment of Marriage on Ground of Fraud and Coercion Under Section 12(1)(c) of Hindu Marriage Act, 1955. Consent Obtained by Threatening to Make Obscene Photographs Viral, Concealment of Material Facts Constitutes Fraud.

The appellant-wife, Monika Narendra Sharma, filed an appeal against the judgment and order dated 7th September 2021 passed by the Family Court, Mumbai...

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High Court of Karnataka Allows Amendment of Plaint in Partition Suit — Petitioner Permitted to Include Alternative Relief of Sale Proceeds. Amendment sought before trial; court holds that Order VI Rule 17 CPC does not require due diligence before commencement of trial.

The petitioner, Smt. Hemalatha, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 08.08.2018 passed by ...

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Supreme Court Dismisses Appeals Challenging Wakf Board Notification Including Service Inam Lands in Dargah Property. Errata Notification Adding Lands to Wakf Property Upheld as Valid Exercise of Power Under Wakf Act, 1995.

The Supreme Court dismissed a batch of civil appeals challenging an order of the Andhra Pradesh High Court that upheld an Errata Notification issued b...

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Karnataka High Court Allows Partition Appeal by Divided Son in Hindu Joint Family Property Dispute. Son who separated from father prior to 1956 is entitled to share in ancestral property as per Mitakshara law and Hindu Succession Act, 1956.

The case involves two regular first appeals (RFA No.100007/2014 and RFA No.100028/2014) arising from a common judgment and decree dated 25.10.2013 pas...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...

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Bombay High Court Allows Revision Against Wakf Tribunal Order — Property Dispute Over Wakf Status Requires Reconsideration of Evidence Under Wakf Act, 1995. The court held that the presumption under Section 81 of the Wakf Act, 1995 cannot be applied without prima facie evidence that the property is wakf.

The case involves a civil revision application filed by Abdul Qayyum Khan and others against the Additional Collector, Nanded, and others. The dispute...