Search Results for "co-owner rights"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "co-owner rights"

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Supreme Court

Supreme Court Restores Concurrent Findings of Fraud in Property Dispute Between Siblings — General Power of Attorney and Sale Deeds Set Aside as Void. The court held that the plaintiff had sufficiently proved fraud by preponderance of probabilities, and the High Court erred in reversing the concurrent findings without establishing perversity.

1 Jan 2020

The dispute arose between the plaintiff, Joginder Kaur (since deceased, represented by her daughter Nirmal Gill), and her step-brothers and step-siste...

Supreme Court

Supreme Court Allows Appeal of Accused No. 4 in Property Dispute Case — Quashes Criminal Proceedings for Lack of Prima Facie Case. Lease Deed Based on Registered Document Does Not Attract Criminal Liability Without Evidence of Conspiracy Under Section 482 CrPC.

20 Aug 2019

The Supreme Court dealt with two sets of appeals arising from a common High Court order dated 01.06.2017. The complainant, Fatima Hasna, filed a priva...

Supreme Court

Supreme Court Upholds Civil Court's Jurisdiction in Suit for Cancellation of Sale Deed on Ground of Fraud. Section 331 of U.P. Zamindari Abolition and Land Reforms Act, 1950 Does Not Bar Suit When Recorded Tenure Holder's Title Is Not Under Cloud.

31 Jul 2019

The appeals arose from a suit filed by M/s Nupur Housing Development Pvt. Ltd. (plaintiff) against Narendra Kumar Mittal and others (defendants) for c...

Supreme Court

Supreme Court Allows Appeal Against High Court's Interference with Concurrent Findings of Fact in Partition Suit. The Court held that the presumption under Section 45 of the Transfer of Property Act, 1882, was rebutted by evidence of non-contribution and long silence, and the High Court erred in reversing concurrent findings without perversity.

26 Jul 2019

The Supreme Court allowed the appeal filed by the original defendants against the High Court's order in a second appeal that had reversed concurrent f...

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 Legal Heirs in Suit for Declaration and Injunction — Amendment Sought at Final Stage Allowed to Avoid Multiplicity of Litigation. The court held that Order 1 Rule 10(2) CPC permits impleadment of necessary parties at any stage to effectuate complete adjudication and avoid multiplicity.

23 Sep 2014

The petitioners, original plaintiffs, filed a suit for declaration and injunction contending that a sale deed executed in favor of deceased Vijay Josh...

High Court

Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

11 Apr 2014

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...

High Court

Bombay High Court Dismisses Appeal Against Decree Declaring Plaintiffs' Ownership of 3/4th Share in Suit Property. Agreements Executed by Co-Owners Held Not Binding on Plaintiffs' Undivided Share Under Transfer of Property Act, 1882.

25 Oct 2013

The appeal arises from a judgment and order dated 21 August 2003 passed by the Joint Civil Judge Senior Division, Pune, in Special Civil Suit No.2107 ...

High Court

Bombay High Court Dismisses Petition for Interim Relief in Partnership Dispute — No Prima Facie Case for Appointment of Receiver or Injunction. Claim of sole heir to partnership assets fails as partnership deed provided for continuation of firm on death of partner, and petitioner's rights are subject to arbitration.

19 Sep 2013

The petitioner, Fatima Correa, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reliefs pe...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Bank Auction — Bid Below Reserve Price and Without Earnest Money Rejected. Auction Sale Confirmed in Favor of Highest Bidder Despite Petitioner's Claim of Irregularity.

10 Jan 2011

The Petitioner, Goldie Sud, filed a writ petition under Article 226 of the Constitution of India challenging the public auction conducted by Punjab Na...

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