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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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Revision Petition under Section 297 CrPC Dismissed by Court. Court Rejects Application Challenging Discharge Denial in Enemy Property Case

The Applicant has filed a revision application under Section 297 of the Code of Criminal Procedure, 1973, challenging the order dated 28 July 2023 by ...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Suit for Partition and Separate Possession Dismissed as Plaintiff Failed to Prove Joint Family Property and Possession Within Limitation.

The appellant, Sri N. Umesha, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the concurrent judgments of t...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Preliminary Decree. Court holds that a suit for partition is not barred by limitation when the plaintiff is in joint possession and that a co-owner can alienate only his share, not the entire property.

The case involves a partition suit filed by the appellants (plaintiffs) seeking partition and separate possession of their share in the joint family p...

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Supreme Court Allows Appeal Against NCLAT Order in Competition Law Case — Locus Standi of Informant Under Section 19(1)(a) of Competition Act, 2002. The Court held that the expression 'any person' in Section 19(1)(a) is wide and does not require the informant to be a consumer or competitor.

The appeal arose from an information filed by Samir Agrawal, an independent law practitioner, before the Competition Commission of India (CCI) on 13.0...

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Supreme Court Dismisses Appeal in Gift Deed Dispute — Construction of Document of Title Raises Question of Law Under Section 41 of Punjab Court Act. High Court Correctly Held That Entire Land Was Gifted Based on Authenticated Translation and Conduct of Parties.

The dispute concerns half of the land measuring 3 Biswas and 11 Bighas out of Khasra No. 1252 in Dholewal, Ludhiana. Chaman Lal (the original appellan...

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Bombay High Court Dismisses Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Letters Patent Appeal against decree for possession and mesne profits dismissed as no substantial question of law or perversity found in concurrent findings of fact.

The present Letters Patent Appeal arises from a judgment and decree passed by a Single Judge of the Bombay High Court in First Appeal No. 133/1976, wh...

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Supreme Court Upholds Relevance of Age Statement in Will Under Evidence Act Sections 32(5)&(6) and Admissibility of Secondary Evidence. Legal Principles on Will Execution and Burden of Proof Clarified; Endorsement on Birth Register Held Inadmissible Without Examination of Its Writer.

The case concerned a Hindu male who executed a will three days before his death, bequeathing all his properties absolutely to his mother. In the will,...

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NCLAT Larger Bench Holds Shareholder/Promoter is an 'Aggrieved Person' Under Section 61 IBC and Has Locus to Challenge Section 7 Admission Order. The reference resolves conflicting views on maintainability of appeal by shareholder against admission of insolvency petition.

The National Company Law Appellate Tribunal (NCLAT) Chennai Bench, in a larger bench of three members, addressed a reference question: whether a share...