Search Results for "CPC amendment 1976"

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Bombay High Court Allows Second Appeal in Property Dispute Over Interpretation of Sale Deeds. Appellate Court Erred in Construing Sale Deeds Dated 6-5-1897 and 5-3-1946, Leading to Wrong Conclusion That Plaintiff Was Not Owner of Entire Suit Land.

The case involves a property dispute over land Survey No. 32, Hissa No. 77, situated at village Kavathi, taluka Kudal. The original plaintiff, Sabaji ...

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High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...

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Karnataka High Court Allows Partition Appeal by Divided Son in Hindu Joint Family Property Dispute. Son who separated from father prior to 1956 is entitled to share in ancestral property as per Mitakshara law and Hindu Succession Act, 1956.

The case involves two regular first appeals (RFA No.100007/2014 and RFA No.100028/2014) arising from a common judgment and decree dated 25.10.2013 pas...

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High Court of Gujarat Hears Second Appeal Challenging Partial Decree in Partition Suit — Appellants Argue Suit Barred by Limitation Due to Revenue Entry Mutation in 1983.

The matter arose from a suit filed by daughters of deceased Kachraji Aataji claiming partition of ancestral properties, specifically land bearing surv...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...