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High Court Allows Writ Petition, Quashes Revenue Orders in Land Dispute, Upholds Civil Decree and Will-Based Transfer Under Gujarat Land Revenue Code

The petitioners, heirs of  Petitioner, challenged orders by revenue authorities cancelling a mutation entry and imposing penalties under Section ...

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High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity.

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 A...

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Supreme Court Dismisses Appeal in Partition Suit, Upholds Concurrent Findings on Void Gift Deed and Limitation. The court held that no substantial question of law arose regarding limitation under Article 58 of the Limitation Act, 1963, as the courts below had concurrently found the suit not barred.

The case involves a partition suit filed by K.C. Chandrappa Gowda (plaintiff) against his father K.S. Chinne Gowda (first defendant) and K.C. Laxmana ...

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Supreme Court Upholds Right of Pre-Adoption Sons to Inherit from Adopted Father in Hindu Succession Case. Sons born before adoption remain heirs of their natural father and are entitled to inherit his estate under Section 8 of the Hindu Succession Act, 1956.

The present appeals arose from a dispute over the inheritance of property left by Laxman, who was given in adoption to Saraswati on 2 November 1935. A...

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Bombay High Court Allows Admission of Documents in Partition Suit — Secondary Evidence Permitted Under Section 65 of Indian Evidence Act, 1872. Documents Held Admissible as Certified Copies of Public Records or Where Plaintiff Failed to Produce Originals After Notice.

The suit was filed by Indira Rajguru against her brothers and sister for partition and declaration of rights in respect of properties. The matter came...

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Bombay High Court Dismisses Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Letters Patent Appeal against decree for possession and mesne profits dismissed as no substantial question of law or perversity found in concurrent findings of fact.

The present Letters Patent Appeal arises from a judgment and decree passed by a Single Judge of the Bombay High Court in First Appeal No. 133/1976, wh...