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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Court Holds That Plaint Cannot Be Rejected Under Order VII Rule 11 CPC When Averments Disclose a Cause of Action, Even If Ancestral Character of Property Is Disputed.

The case involves a civil revision application filed by Mohan Hirachand Shah (defendant no.1) against an order of the Civil Judge, Senior Division, Al...

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Supreme Court Allows Appeal in Possession Suit, Restores Concurrent Findings of Trial and First Appellate Court. High Court's Reversal Set Aside for Reappreciating Evidence Beyond Second Appeal Scope Under Section 100 CPC.

The case involves a dispute over possession of agricultural land. The plaintiff, Rajendra Kumar Gupta, filed a suit for recovery of possession based o...

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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

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Bombay High Court Dismisses Appeal Against Substitution of Plaintiffs in Property Suit Based on Will. Substitution of Legal Representatives Under Order 22 Rule 3 CPC Does Not Change Nature of Suit Even If Claim Is Through a Will and Involves Transposition of a Defendant.

The appeal arose from a property dispute among family members of Late Haji Israr Alam Siddiqui. The appellant, Mujibur Rehman, is one of the sons of t...

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Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...

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Karnataka High Court Allows Appeal in Income Tax Case on Capital Gains Liability of Firm on Partner's Retirement. Full Bench resolves conflict under Section 45(4) of Income Tax Act, 1961 regarding liability when retiring partner receives only money for his share without distribution of assets.

The case involves an appeal under Section 260-A of the Income Tax Act, 1961, arising from an order dated 02.03.2006 in ITA No.1295/BANG/2004 for the a...

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Supreme Court Upholds Appeal in Provincial Insolvency Act Case Due to High Court Exceeding Jurisdiction by Reappreciating Evidence. The High Court's limited power under Section 75(1) first proviso does not allow disturbing findings of fact, and a wrong decision on facts is according to law.

The appeal arose from insolvency proceedings in which the petitioning creditor sought annulment of two mortgages executed by the insolvents, one for R...