Search Results for "Joint decree"

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Bombay High Court Grants Specific Performance of Agreement to Sell Property Based on Consent Terms. Consent decrees passed against defendant heirs who stepped into shoes of original defendants, confirming plaintiff's right to specific performance of suit agreement.

The plaintiff, Virsen Balwantsingh Solanki, instituted Suit No. 1808 of 1981 in the Bombay High Court for specific performance of an agreement dated 2...

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Bombay High Court Allows Amendment of Decree Without Amending Judgment in Execution Proceedings — Order-XX Rule 6 CPC. The Court held that a decree can be amended to correct property description without amending the judgment, as per Order-XX Rule 6 of the Code of Civil Procedure, 1908.

The case involves a second appeal arising from execution proceedings. The respondents (original plaintiffs) had filed a suit for possession of land an...

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High Court of Karnataka Dismisses Partition Suit for Coparcenary Property Based on Pre-1956 Female Succession. Widow's acquisition of property under Hindu Women's Right to Property Act, 1937 is not a coparcenary asset but her absolute estate under Section 14(1) of Hindu Succession Act, 1956.

The appeal arises from a judgment and decree dated 28.08.2019 in O.S. No. 101/2015 passed by the Principal Senior Civil Judge and CJM, Bagalkot, partl...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners unless there is ouster or denial of title.

The case involves a second appeal filed by the legal heirs of the original defendant No.1 (since deceased) against the judgment and decree dated 01.10...

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High Court of Karnataka Dharwad Bench Hears Batch of Motor Accident Claims Appeals Against Awards of Additional MACT, Kumta. Claimants Seek Enhancement of Compensation and Insurers Challenge Liability in Multiple Motor Vehicles Act, 1988 Cases.

The matter involves a batch of appeals filed under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment and award dated 31.12.2011 pass...