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Madras High Court Allows Second Appeal in Property Suit, Sets Aside Concurrent Findings of Courts Below. Court holds that plaintiff failed to prove title and possession, and that the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves two second appeals arising from a common judgment of the Additional Sub Judge, Chengalpattu, in A.S. No.12 of 2001, which modified t...

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Supreme Court Expunges Findings of Cruelty and Desertion Against Wife in Army Officer's Divorce Case. Pursuit of Professional Career and Safe Upbringing of Child Cannot Constitute Matrimonial Fault Under Hindu Marriage Act, 1955.

The Supreme Court dealt with an appeal arising from a divorce decree granted by the Family Court and affirmed by the High Court, which dissolved the m...

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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

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High Court of Karnataka Quashes FIR in Kidnapping Case Where Minor Child Voluntarily Accompanied Father — Custody Dispute Between Parents Does Not Attract Section 363 IPC. Father's Petition Under Section 482 CrPC Allowed as No Force or Deceit Established and Matter Pertains to Custody, Not Kidnapping.

The petitioner, Kushagra Sinha, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No.53/2023 r...

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High Court of Karnataka Enhances Compensation for Minor Injured in Motor Accident — Permanent Disability Assessed at 30%. Notional Income of Rs. 30,000 per annum applied with 40% future prospects under Motor Vehicles Act, 1988.

The appeal was filed by the minor claimant, Priyanka Pradeep Gavade, represented by her mother, seeking enhancement of compensation awarded by the II ...

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Supreme Court Allows Appeal in Property Dispute — High Court Erred in Reversing First Appellate Court's Refusal of Possession Without Framing Substantial Question of Law. Second Appeal Under Section 100 CPC Cannot Be Entertained Without Formulating a Substantial Question of Law.

The case involves a property dispute between Nazir Mohamed (appellant) and J. Kamala (respondent) over a building and premises in Aduthurai, Tamil Nad...

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Karnataka High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed. Court holds that no substantial question of law arises under Section 100 CPC where courts below concurrently found plaintiff not to be the legally wedded wife of deceased.

The case involves a second appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 16.04.2004 passe...

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Karnataka High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed. Court holds that no substantial question of law arises under Section 100 CPC when findings are based on appreciation of evidence and not perverse.

The original plaintiff, B. Jayamma, filed a suit for partition of suit schedule property claiming to be the wife of late Bheemaiah and daughter of lat...