Search Results for "partition award"

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High Court of Karnataka Allows Writ Petition in Final Decree Proceedings — Mesne Profits Must Be Determined Before Auction Sale. Held that mesne profits under Section 2(12) CPC are a substantive right that cannot be deferred until after the sale of property in final decree proceedings.

The petitioner, Sri S.P. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders passed by the XV...

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High Court of Karnataka Quashes Stamp Duty Demand on Arbitral Award Passed Outside State — Stamp Duty Payable Only Where Award is Made Under Section 3 of Karnataka Stamp Act, 1957. Arbitral Award Made in Mumbai Not Subject to Karnataka Stamp Duty When Sought to be Executed in Karnataka.

The petitioner, Mahindra & Mahindra Financial Services Ltd, a financial institution, entered into a loan agreement with respondents No. 1 and 2. The a...

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High Court of Karnataka Sets Aside Trial Court Order in Final Decree Proceedings for Lack of Jurisdiction — Order on I.A.Nos.15, 16 and 17 in FDP No.2/2008 Quashed for Exceeding Scope of Preliminary Decree and Violating Principles of Natural Justice.

The present writ petition was filed by the petitioners (defendants in the original suit) challenging the order dated 10.06.2022 passed by the learned ...

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Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

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High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was maintainable and that the plaintiffs had established their share in the joint family property.

The case involves a partition suit filed by the appellants (plaintiffs) against the respondents (defendants) seeking partition and separate possession...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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Bombay High Court Allows Writ Petition Challenging Double Acquisition of Land in Land Acquisition Case — Acquisition Proceedings Quashed as Land Already Acquired Once and Partitioned Thereafter. Land Acquisition Act, 1894 — Section 4(1) — Double acquisition of same land not permissible.

The petitioners, Devram Govind Gadge and Vitthal Govind Gadge, filed a writ petition challenging the acquisition proceedings initiated by the Special ...

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Supreme Court Upholds Full Ownership for Widow under Hindu Succession Act, 1956. Widow's Pre-1956 Acquisition via Partition Award Confers Absolute Rights under Section 14(1), Not Restricted Estate under Section 14(2).

A Hindu male, who owned self-acquired properties, died in 1947 leaving behind five sons and a widow. In 1950, the heirs appointed an arbitrator to par...