Search Results for "declaration under Section 306"

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Supreme Court Allows Complainant's Appeal in Criminal Quashing Case — High Court Erred in Quashing Criminal Proceedings Under Section 482 CrPC Without Considering Prima Facie Case. Allegations of Forgery and Cheating in Sale Deed Execution Require Trial, Not Quashing at Threshold.

The appellant-complainant lodged a private complaint against the private respondents alleging offences under Sections 120B, 201, 419, 471, 468 and 420...

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Supreme Court Allows Appeal in Gift Deed Condition Case — Sale Deeds Void Due to Restraint on Alienation. Condition in Gift Deed That Donee Cannot Alienate Property Is Valid and Binding, Making Subsequent Sales Void.

The appeal arose from a suit filed by the plaintiffs, sons of defendant No.1, seeking declaration of ownership and to set aside sale deeds executed by...

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Bombay High Court Dismisses Appeals in Property Dispute, Upholds Concurrent Findings on Declaration, Injunction, and Redemption of Mortgage. Court holds that second appeal under Section 100 CPC cannot be entertained on concurrent findings of fact unless substantial question of law arises.

The judgment pertains to two second appeals arising from the same parties and property. Second Appeal No.477 of 2017 was filed by the original plainti...

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Bombay High Court Upholds Acquittal in Dowry Death Case Due to Lack of Evidence of Cruelty and Dowry Demand. State's appeal fails as prosecution could not establish that deceased was subjected to cruelty or harassment for dowry soon before her death under Section 304-B IPC.

The State of Maharashtra appealed against the acquittal of five accused persons (respondents) by the Additional Sessions Judge, Udgir, in Sessions Cas...

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Bombay High Court Allows Writ Petition Challenging Preliminary Issue on Jurisdiction in Construction Dispute. Civil Court Jurisdiction Not Barred Under Section 488 of Maharashtra Municipal Corporations Act, 1949 for Suit Alleging Violation of Byelaws and Infringement of Civil Rights.

The petitioner, Satish Trivedi, filed a writ petition challenging an order of the Civil Judge, Senior Division, Chandrapur, which decided a preliminar...