Search Results for "transfer without partition"

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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...
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Search Results for "transfer without partition"

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Supreme Court

Supreme Court Refers Question of Interpretation of Section 14 of Hindu Succession Act, 1956 to Larger Bench Due to Conflicting Precedents. Property received by Hindu female in lieu of maintenance under a will creating life estate raises question whether it falls under Section 14(1) or 14(2).

9 Dec 2024

The present appeal arises from a suit for declaration and possession filed by the respondents (son and grandson of the testator) against the appellant...

High Court

Bombay High Court Allows Appeal in Suit for Possession and Mesne Profits — Defendant's Right to Raise Jurisdictional Objection Not Waived by Filing Written Statement. The court held that Order VIII Rule 1 of the Code of Civil Procedure, 1908 does not bar a defendant from raising a jurisdictional objection after filing a written statement, and that the trial court must decide such objection as a preliminary issue under Section 9A of the CPC.

14 Jul 2023

The appellant, Niloufer Soli Lam, was the original defendant in a suit filed by the respondent, Zarir Pesi Bharucha, seeking possession and mesne prof...

Supreme Court

Supreme Court Allows Appeal in Partition Suit — School Leaving Certificate Not Properly Proved Under Section 35 Evidence Act. Release Deed Executed by Major Plaintiff Valid Despite Absence of Fraud or Coercion.

14 Feb 2020

The case involves a partition suit filed by C. Jayarama Reddy (plaintiff) against his three brothers (defendants 1-3) and subsequent purchasers (defen...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

13 Aug 2019

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

Supreme Court

Supreme Court Allows Appeal in Land Improvement Compensation Case — Constructive Res Judicata Not Applicable Due to Liberty Reserved by Earlier Order. The Court held that the claim for compensation under the Kerala Compensation for Tenants Improvements Act, 1958 is not barred by constructive res judicata because the Supreme Court had expressly kept open the remedy in the earlier proceedings.

5 Feb 2019

The dispute concerns a large tract of land originally belonging to Vengunadu Kovilakam, leased out in 1897 for 75 years. After the lease expired in 19...

High Court

High Court of Karnataka Allows Appeal Under Section 37(1)(b) of Arbitration and Conciliation Act, 1996 — Sets Aside Trial Court Order Dismissing Section 9 Application for Injunction. Court holds that existence of arbitration agreement and prima facie case for interim relief must be considered at the stage of Section 9 application, and the trial court erred in dismissing the application without considering the merits.

2 Aug 2017

The appellant, M/s Equestrain Centre for Excellence, filed an application under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an in...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax TDS Case — Wheeling and Transmission Charges Not Rent Under Section 194I. Payments for Use of Transmission Lines Held Not Rent as No Transfer of Possession or Right to Use Occurs.

8 May 2015

The case involves an appeal by the Commissioner of Income Tax (TDS) against the order of the Income Tax Appellate Tribunal (ITAT) which held that whee...

High Court

Bombay High Court Allows Appeal by Grandparents in Guardianship Dispute, Sets Aside Appointment of Maternal Aunt as Guardian of Minor Child. The Court held that the welfare of the minor is paramount and that the natural grandparents have a preferential right to guardianship under Section 10 of the Guardians and Wards Act, 1890, unless it is shown that they are unfit.

1 Sep 2014

The case involves a guardianship dispute over a minor girl, Kumari Arya Unawane, born on 10/09/2002. The appellants are the paternal grandparents of t...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Lack of Evidence and Unreliable Witnesses. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

7 Aug 2014

The appellant, Hari Sambhaji Bodare, was convicted by the trial court for the murder of his brother Bhanudas under Section 302 IPC and sentenced to li...

Supreme Court

Supreme Court Considers Appeal by Charitable Society Regarding Leave to Institute Suit Under Section 92 of the Code of Civil Procedure, 1908. The Dispute Involves Whether a Society Registered Under the Societies Registration Act, 1860 Can Be Treated as a Trust and Sought Determination of the Conditions for Granting Leave Following Allegations of Financial Mismanagement and Breach of Trust.

1 Jan 1970

The dispute arose from a suit instituted under Section 92 of the Code of Civil Procedure, 1908 by two plaintiffs, Dr. Shelly Batra and Mrs. Usha Gupta...

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