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Bombay High Court Considers Writ Petitions Challenging Family Court’s Refusal to Appoint Commissioner for Partition of Matrimonial Property and Denial of Injunction Against Husband’s Entry. Issues Involve Interpretation of Joint Ownership and Rights Under Hindu Marriage Act, 1955.

The dispute arose from a marital discord between Sumit Vijay Kumar (husband) and Shraddha Gupta (wife), both working professionals married in 2011. Th...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell by Minor's Guardian Without Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956.

The appellant, Kasturbai Himmat Patil, filed a suit for specific performance of contract against the original defendant Lilabai Patil, alleging that L...

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Bombay High Court Allows Appeal in Income Tax Case — Reassessment Notice Invalid Beyond Four Years Without Allegation of Non-Disclosure. Arbitration Award Receipt Held as Capital Receipt, Not Income Under Section 147 of the Income Tax Act, 1961.

The appellant, Ramona Pinto, an individual, filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 2nd April 2018 pass...

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Bombay High Court Dismisses Second Appeals in Adoption Dispute — Holds Adoption Valid Despite Caste Allegations. Court finds that adoption of a daughter's son by a widow is valid under Hindu law and that the parties were not 96 Kuli Marathas, thus no prohibition applied.

The case involves two second appeals arising from a judgment in two suits concerning the validity of an adoption. The appellants, Baburao Marutrao Man...

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Bombay High Court Dismisses Appeal in Partition Suit, Upholds Single Judge's Refusal of Interim Relief. Court holds that property acquired by siblings after father's insolvency cannot be presumed to be joint family property without evidence of joint funds or common business.

The appeal arose from a judgment of a learned Single Judge dated 27 August 2013 dismissing a motion for interim relief in a suit for partition. The ap...

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High Court of Karnataka Allows Appeals in Succession Dispute Over Joint Family Property — Restrains Alienation of Agricultural Land Pending Suit. The court held that plaintiffs, as Class I heirs, had a prima facie case for partition and injunction under Order 39 Rules 1 and 2 CPC.

The case involves a family dispute over agricultural land and other properties left by the deceased B.M. Raghothama Rao. The plaintiffs, comprising hi...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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CRIMINAL APPEAL NO.101 OF 2012

The appellant, Appa s/o Gajabapu Koradkar, was convicted by the Sessions Court at Ahmednagar under Section 302 of the Indian Penal Code, 1860, for the...