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High Court of Karnataka Dismisses Habeas Corpus Petition by Father for Custody of Minor Child — Child in Mother's Custody Not Illegally Detained. Writ of Habeas Corpus Not Maintainable Where Custody Is with Natural Guardian and No Illegal Detention Is Shown.

The petitioner, Vayu Kishore, father of a 4-year-old minor child, Miss Vindhya Kishore, filed a writ of habeas corpus under Articles 226 and 227 of th...

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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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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Stepfather and Stepdaughter — Benami Transaction Claim Fails. The court held that the registered sale deed in the plaintiff's name establishes title, and the defendant's claim of benami ownership was not proved.

The case involves a property dispute between a stepfather (appellant/defendant) and his stepdaughter (respondent/plaintiff). The defendant married the...

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Bombay High Court Upholds Will in Testamentary Suit, Dismisses Caveat by Heirs. Court Declares Will Dated 3rd December 1988 as Valid Last Will and Testament of Deceased Hiroo @ Hiraji Laxman Jadhav, Orders Issuance of Letter of Administration.

The case pertains to a testamentary dispute concerning the Will of deceased Hiroo @ Hiraji Laxman Jadhav. The plaintiffs, Subhash Hirji Jadhav and his...

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Bombay High Court Upholds Will in Testamentary Suit — Dismisses Caveat by Other Heirs. Will dated 3rd December 1988 executed by deceased Hiroo @ Hiraji Laxman Jadhav proved as last Will and Testament; letter of administration granted to plaintiffs.

The case involves a testamentary dispute concerning the Will of Hiroo @ Hiraji Laxman Jadhav, who died on 3rd December 1988. The plaintiffs, Subhash H...

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Bombay High Court Dismisses Petition Challenging Land Acquisition for Panshet Dam Rehabilitation — Land Acquisition Act Prevails Over Resettlement Act in Absence of Notification Under Section 11(1) of Maharashtra Resettlement of Project Displaced Persons Act, 1976.

The petitioners, legal heirs of deceased Sahebrao Gulabrao Dhamale, filed a writ petition under Article 226 of the Constitution of India challenging t...

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Bombay High Court Allows Second Appeal in Possession Suit Based on Title — Concurrent Findings Set Aside for Ignoring Compromise Decree and Mutation Entries. The court held that failure to consider crucial evidence renders findings perverse and warrants remand under Section 100 CPC.

The present second appeal arises from a suit for possession based on title filed by the original plaintiff (respondent No. 1) against the original def...

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Bombay High Court Dismisses Appeal in Partition Suit — Appellants Fail to Prove Exclusive Title Over Suit Property. Court upholds trial court's finding that suit property was joint family property and not self-acquired, dismissing appeal for lack of evidence.

The appellants, five sisters, filed a suit for partition and separate possession of a property situated at Village Manor, Taluka Palghar, District Tha...