Search Results for "Benami Prohibition Act"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Benami Prohibition Act"

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High Court

Bombay High Court Allows Second Appeal in Property Dispute — Adoption Divests Rights in Joint Family Property. The court held that a registered adoption deed dated 12th September 1940 divested the adopted son of any rights in property purchased in his name before adoption, as the property was acquired from joint family income.

14 Feb 2025

The dispute pertains to a suit property purchased by Tatya Katkar, a government servant, in the name of his minor son Vithal (defendant no.1) on 21st ...

High Court

Bombay High Court Quashes Customs Communication Restraining Property Transfer Without Authority of Law. Communication directing society not to permit transfer of flat without NOC from Customs held without legal sanction and violative of Article 300A of Constitution.

5 Apr 2024

The petitioner, Smt. Supriya Chokhara, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Bom...

Supreme Court

Supreme Court Upholds FCRA Amendments in Challenge by NGOs — Restrictions on Foreign Contribution Transfers and Mandatory Account in SBI New Delhi Held Reasonable. Court Dismisses Petitions Challenging Sections 7, 12(1A), 12A, and 17(1) of Foreign Contribution (Regulation) Amendment Act, 2020 as Not Violative of Articles 14, 19, and 21.

8 Apr 2022

The judgment concerns the constitutional validity of amendments to the Foreign Contribution (Regulation) Act, 2010 (FCRA) introduced by the Foreign Co...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit Based on Title — Concurrent Findings of Permissive Possession and Adverse Possession Not Proved.

28 Nov 2019

The case involves a second appeal filed by the original defendant No.1, Balasaheb Govind Basugade, challenging concurrent judgments and decrees passed...

Supreme Court

Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

2 Apr 2019

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Benami Transaction, Limitation, and Specific Relief Issues Require Trial. The court held that grounds under Benami Transactions (Prohibition) Act, 1988, Section 34 of Specific Relief Act, 1963, and Article 58 of Limitation Act, 1963 cannot be decided at the threshold under Order 7 Rule 11 CPC without evidence.

22 Mar 2018

The present civil revision application arises from a suit filed by respondent No.1 (plaintiff) against his sister (defendant No.1) and others seeking ...

High Court

Bombay High Court Allows Impleadment of Purchaser in Pending Eviction Suit — Lis Pendens Does Not Bar Impleadment Under Order 1 Rule 10 CPC. Purchaser of suit property during pendency of litigation is entitled to be impleaded to protect her interest, as the principle of lis pendens under Section 52 of Transfer of Property Act, 1882 only binds the purchaser by the decree, not prohibits impleadment.

19 Sep 2017

The petitioner, Minalini Lalit Modi, purchased the suit flat from the tenant (respondent no.2) during the pendency of an eviction suit filed by the la...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit Between Brothers — Unregistered Memorandum of Partition Admissible to Prove Nature of Possession. The court held that an unregistered partition deed, though required to be registered under Section 17 of the Registration Act, 1908, is admissible under the proviso to Section 49 to prove the nature and character of possession as a collateral transaction.

26 Sep 2016

The dispute in this second appeal arises between two real brothers over a suit plot and house at Subhash Nagar, Nagpur. The plaintiff-respondent (sinc...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Finds Substantial Question of Law on Adverse Possession and Co-owner's Possession. Court holds that possession of one co-owner is possession of all co-owners unless there is ouster, and that the trial court's finding of adverse possession was perverse.

29 Nov 2013

The case involves a second appeal filed by the original defendants against the judgment and decree dated 24.07.2012 passed by the learned District Jud...

High Court

Bombay High Court Dismisses Suit for Declaration of Trust in Family Property Dispute — Plaintiff Fails to Prove Oral Trust or Fiduciary Relationship Under Indian Trusts Act, 1882. Court holds that mere family relationship does not create a trust and that suit under Section 92 CPC requires specific allegations of breach of trust.

30 Nov -0001

The plaintiff, Sabita Rajesh Narang, filed a suit against her brother Sandeep Gopal Raheja and other family members and companies, seeking a declarati...

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