Search Results for "decree absolute"

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Search Results for "decree absolute"

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High Court

Madras High Court Dismisses Second Appeal in Partition Suit — Settlement Deed by Father Not Invalid as Properties Were Self-Acquired, Not Ancestral. Plaintiff Failed to Prove Ancestral Nature of Suit Properties Under Hindu Succession Act, 1956.

8 Jan 2026

The appellant/plaintiff filed a suit for partition and permanent injunction claiming that the suit properties were ancestral properties of Arunachala ...

High Court

Bombay High Court Allows Widows' Appeal in Partition Suit — Possession Referable to Maintenance Right Confers Full Ownership Under Section 14(1) of Hindu Succession Act, 1956. The court held that a Hindu widow in possession of property in lieu of maintenance acquires absolute title under Section 14(1), even if she was not a limited owner prior to the Act.

22 Mar 2017

The case involves two second appeals arising from a partition suit concerning ancestral properties. The original plaintiffs, Kisabai (widow of Ramu) a...

High Court

Bombay High Court Dismisses Landlord's Petition in Eviction Suit for Unauthorized Construction — Finds Appellate Court's Reversal Not Perverse. Landlord Failed to Plead Original Condition of Premises Under Section 13(1)(b) of Bombay Rent Act.

24 Oct 2024

The petitioner, Hemant Bharat Kachare, as landlord, filed a writ petition challenging the judgment and decree dated 16 February 1999 passed by the Add...

High Court

Bombay High Court Dismisses Bank's Petition Challenging Setting Aside of Auction Sale Under SARFAESI Act — Non-Compliance with Notice Requirements Under Section 13(2) and 13(4) of SARFAESI Act Renders Sale Invalid. DRT and DRAT Orders Upheld, Bank Directed to Follow Statutory Procedure Before Re-auction.

22 Jun 2023

The petitioners, Akola Janata Commercial Co-operative Bank Ltd. and its Branch Manager/Authorised Officer, challenged the judgment of the Debt Recover...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Decree on Admission in Lease Ejectment Suit. Court holds that disputed facts regarding renewal of lease and termination of tenancy preclude summary decree under Order 12 Rule 6 CPC.

5 May 2022

The petitioner, M/s. Concrete Developers, a partnership firm, filed a suit for ejectment, possession, damages, and mesne profits against the responden...

High Court

Bombay High Court Dismisses Tenant's Petition in Rent Control Eviction Suit for Landlord's Bona Fide Need. Landlord's Title Under Will and Bona Fide Requirement for Advocate's Office Upheld Under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

23 Feb 2010

The petitioner, Manhar Auto Stores, a partnership concern, was a tenant in a shop premises owned by Dr. Hansrajbhai Shah, who executed a registered Wi...

High Court

Bombay High Court Sets Aside Insolvency Notice Against Partners Not Impleaded in Suit — Leave Under Order 21 Rule 50(2) CPC Required. Insolvency Notice Against Alleged Partners Without Prior Leave Under Order 21 Rule 50(2) CPC is Invalid as It Is a Step in Execution.

17 Aug 2010

The judgment debtors, M/s. Shiva Trading Corporation (a firm) and its alleged partners Gulab S. Daga and Jatin Devi Daga, filed a motion to set aside ...

High Court

Bombay High Court Quashes Trial Court Order in Execution Proceedings for Overreaching Earlier Decree — Bailiff Directed to Execute Decree as Per Original Terms Without Deviation. The court held that the executing court cannot modify the decree or add conditions not found in the decree, and the impugned order was set aside under Article 227 of the Constitution of India.

14 Aug 2012

The petitioners, Prabhakar Ramchandra Desai and others, filed a writ petition under Article 227 of the Constitution of India challenging an order date...

High Court

Bombay High Court Dismisses Husband's Appeal in Nullity of Marriage Case Based on Wife's Sickle Cell Anemia. Sickle Cell Anemia Not a Ground for Voidable Marriage Under Section 12(1)(c) of Hindu Marriage Act as It Is Not a Communicable Disease and No Fraud Proven.

25 Apr 2017

The appellant husband, Pradeep Ambhore, filed a Family Court Appeal before the Bombay High Court challenging the judgment of the Family Court, Akola, ...

High Court

Karnataka High Court Allows Second Appeal in Execution Dispute Over Attached Property — Sale Agreement Prior to Attachment Confers Right to Resist Execution Under Order XXI Rules 58 and 97 CPC. The Court held that attachment before judgment does not create any right or title, and a prior sale agreement coupled with possession gives the purchaser a right to object to execution.

13 Apr 2015

The appellant, S.K. Gangadhara, entered into a registered sale agreement on 01.07.2004 for the purchase of a house property from Sri B.M. Krishna. The...

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