Search Results for "Joint Tenancy"

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High Court of Judicature at Bombay Allows Second Appeal Challenging Partition Decree – Defendant No. 2 Contests Allocation of 1/4th Share in Suit Property

The second appeal arises from a suit for partition and separate possession filed by the respondents (original plaintiffs) against the appellant (defen...

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Supreme Court Allows Appeal in Criminal Complaint Quashing Under Section 482 CrPC. The court quashed the criminal complaint as an abuse of process, without deciding on the co-existence of wakf and trust or jurisdiction of Wakf Tribunal.

The appeal arose from a judgment of the Kerala High Court rejecting a petition under Section 482 of the Criminal Procedure Code, 1973, filed by the ap...

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Supreme Court Upholds Ban on Apartmentalisation in Chandigarh Residential Plots to Preserve City's Original Character. Fragmentation of single dwelling units into multiple apartments violates Rule 16 of Chandigarh Estate Rules, 2007 and the Chandigarh Master Plan 2031.

The case involves a Public Interest Litigation filed by the Chandigarh Citizens Forum (appellants) against the Chandigarh Administration and others, s...

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Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Non-Joinder of Cotenant Not Raised Earlier. Joint Tenancy Claim Fails as Suit Against One Cotenant Maintainable Without Objection at Trial Stage.

The case involves a civil revision application filed by the tenants (applicants) against the concurrent decrees of eviction passed by the Small Causes...

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Karnataka High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when courts below concurrently found that suit property was joint family property and plaintiffs proved their share.

The case pertains to a second appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 09.01.1996 pa...

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Bombay High Court Dismisses Revision Against Rejection of Amendment Application in Civil Suit — Amendment Sought After 11 Years and After Commencement of Trial Held Not Bonafide and Would Cause Prejudice to Opposite Party.

The petitioners, who were defendants in Special Civil Suit No.123 of 1990 filed by the predecessor of respondents No.1 to 8, challenged the order date...

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Bombay High Court Allows Revision in Rent Control Case — Tenant's Eviction Set Aside Due to Lack of Proper Notice Under Section 12(3) of the Bombay Rent Act. Landlord failed to prove valid termination of tenancy as notice under Section 12(3) was not served in accordance with law.

The case arises from a civil revision application filed by the original defendant, Subhash Sambhashiv Bona Pawar, challenging the judgment and order d...

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Bombay High Court Dismisses Revision Against Eviction Decree — Court Receiver Need Not Seek Separate Leave to Sue When Appointed with Full Powers Under Order 40 Rule 1(d) CPC. Notice Under Section 106 T.P. Act Demanding Immediate Possession Is Not Invalid If Suit Filed After Notice Period.

The plaintiff, the Court Receiver appointed by the High Court in Suit No.234 of 1987, was the receiver of the suit property 'Dev Ashish' at Peddar Roa...

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Bombay High Court Dismisses Transfer Application and Upholds Setting Aside of Abatement in Tenancy Suit. Allegations of bias against trial judge not substantiated; condonation of delay in bringing legal representatives justified to avoid multiplicity of litigation.

The applicants, Ezu Joseph Fernandes and others, filed a miscellaneous civil application before the Bombay High Court challenging two orders: (1) the ...