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Bombay High Court Allows Petition Challenging Cooperative Society Bye-Law Amendment for Lack of Quorum and Procedural Irregularities. Amendment to Bye-Law 24(c) restricting voting rights to one member per family set aside as resolution passed without requisite quorum and without proper notice.

The petitioners, Uday Dalal, Ajay Biyani, Rina Pritish Nandy, and Prachi Agarwal, are members of the Malboro House Coop. Housing Society Limited, a co...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....

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High Court of Karnataka Allows Appeal in Property Dispute — Restrains Interference and Construction Pending Suit. Prima facie case established regarding joint family property and partnership firm rights under Order 39 Rules 1 and 2 CPC.

The appellants, Mr. Parth Ghorpade and Mr. Sarvajeet Ghorpade, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) read with Section 151 of th...

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Supreme Court Dismisses Appeal in Co-owner Property Dispute, Holds Sale of Undivided Joint Property Without Partition Invalid as to Other Co-owners' Shares. Brij Mohan's Transfer of Entire Property to Appellant Void Except to Extent of His Own Share Under Section 44 of Transfer of Property Act, 1882.

The dispute concerns a property measuring about 6 cottahs 1 chittack and 30 sq. ft. with 17 rooms at 100/3 Carry Road, Howrah. The property was purcha...

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High Court Quashes Assistant Commissioner's Order Nullifying Sale Deed Under Senior Citizens Act — Violation of Natural Justice. Bona Fide Purchaser Without Notice Cannot Be Impleaded After Transfer, Order Set Aside for Lack of Jurisdiction and Procedural Fairness.

The petitioner, Sri Dhariyappagouda Patil, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 16...

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High Court of Karnataka Not mentioned appeal in partition suit concerning rights of a remarried widow under Section 24 of Hindu Succession Act, 1956. The core legal question was whether the remarriage of the widow of a predeceased son prior to the opening of succession disqualifies her from inheritance.

The appeal arose from a decree in O.S.No.840/2001 on the file of I Additional City Civil and Sessions Judge, Bengaluru, decreeing the suit for partiti...

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Bombay High Court Dismisses Petition Challenging Membership Grant to Flat Purchaser in Cooperative Housing Society. Section 23(2) of Maharashtra Cooperative Societies Act, 1960 mandates admission of purchaser as member upon transfer of share and interest in property.

The petitioner, Punam Cooperative Housing Society Ltd., challenged an order dated 31.3.2019 passed by the Divisional Joint Registrar, Cooperative Soci...