Search Results for "voidable deed"

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Search Results for "voidable deed"

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Supreme Court

Supreme Court Reverses Remand Order and Upholds Ex Parte Decree in Tenancy Suit Due to Unsubstantiated Fraud Allegations and Inordinate Delay. The Court found that the defendant had opportunity to defend, delay of 31 years was unjustified, and failure to produce sale deed warranted adverse inference under the Indian Evidence Act, 1872.

10 Apr 2026

The dispute originated from a suit filed under Section 88 of the Rajasthan Tenancy Act, 1955, by the appellant's mother on behalf of her minor son, se...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below on Joint Family Property and Adverse Possession. The court held that the lower appellate court correctly reversed the trial court's finding on adverse possession as the defendant failed to prove ouster and hostile possession for the statutory period.

26 May 2023

The appellant, defendant No.6 in a partition suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the ...

Supreme Court

Supreme Court Allows Appeal in Civil Procedure Case on Maintainability of Suit Challenging Compromise Decree. The Court held that an independent suit to set aside a compromise decree is barred under Order XXIII Rule 3A of the Code of Civil Procedure, 1908, and the Trial Court correctly rejected the plaint under Order VII Rule 11(d).

9 Feb 2022

The dispute arose from a property gifted to the original plaintiff during his minority, which was later revoked, leading to a development agreement an...

Supreme Court

Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

13 Dec 2021

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

Supreme Court

Supreme Court Allows Appeals in Court Fee Valuation Dispute: Circle Rate Not Conclusive for Market Value Under Section 7(iv-A) of Court Fees Act. The Court held that the market value for court fee purposes must be determined based on pleadings and evidence, not merely the circle rate fixed by the Collector.

19 Feb 2020

The appellant, Agra Diocesan Trust Association, filed two suits (O.S. 24/2013 and O.S. 25/2013) in the court of Civil Judge (Senior Division), Dehradu...

High Court

High Court of Karnataka Upholds Trial Court's Valuation of Suit for Declaration and Injunction Under Karnataka Court Fee and Suit Valuation Act, 1958 — Suit for Declaration That Sale Deed Is Null and Void Is Properly Valued Under Section 26(c) Read with Section 24(d) of the Act.

24 Apr 2015

The defendant filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 30.7.2013 passed by the I Addit...

High Court

High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by Husband Without Wife's Consent Declared Void. Gift Deed by Subsequent Transferee Also Set Aside as Property Was Coparcenary Asset and Sale Was Without Legal Necessity.

17 Mar 2015

The case involves a Regular First Appeal filed by the plaintiff, Smt. Sharadamma, and her son B.S.Shivaprasad Aradya, against the judgment and decree ...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Against DRT Proceedings in Receivables Assignment Dispute. Court holds that civil suit for cancellation of indemnity and hypothecation deeds cannot restrain recovery proceedings before DRT under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

21 Feb 2014

The Plaintiff, Rentworks India Pvt. Ltd., provided equipment on lease to Subhiksha Trading Services Pvt. Ltd. under a Master Rental Agreement (MRA). D...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Over Sham Sale Deed — Suit for Declaration Without Seeking Cancellation of Sale Deed Held Maintainable Under Section 31 of Specific Relief Act, 1963. The Court held that a suit for declaration that a sale deed is sham and nominal does not require cancellation under Section 31 of the Specific Relief Act, 1963, as the plaintiff only seeks to declare the true nature of the document.

8 Feb 2011

The appellant-defendant challenged the concurrent findings of the trial court and first appellate court in a suit filed by the respondent-plaintiff. T...

High Court

Bombay High Court Dismisses Review Petition in Succession Dispute Between Two Wives — Second Wife's Marriage Void Due to Subsisting First Marriage Under Hindu Marriage Act, 1955. The court held that a second marriage during the subsistence of a first marriage is void ab initio, and the second wife is not a legal heir under the Hindu Succession Act, 1956.

13 Apr 2010

The case involves a dispute between two wives of Prakash Naik alias Vaingankar over his estate. Prakash married Deepa Naik on 17/03/1978, but the marr...

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