Search Results for "Hindu Widows Property Rights Act"

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Search Results for "Hindu Widows Property Rights Act"

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Supreme Court

Supreme Court Allows Appeal in Partition Suit Between Step-Mother and Daughters — Upholds Sale by Karta for Legal Necessity. The Court held that a widow managing the joint family property as karta can alienate property for legal necessity, such as marriage expenses of a daughter, and such sale is binding on other coparceners.

1 Jan 2026

The dispute originated from a suit for partition and separate possession filed by four plaintiffs, who were daughters of late Dajiba, against the defe...

Supreme Court

Supreme Court Strikes Down Caste-Based Discrimination in Prison Manuals as Unconstitutional. Prison Rules Dividing Labour and Segregating Barracks by Caste Violate Articles 14, 15, 17, 21, and 23 of the Constitution.

1 Oct 2024

The petitioner, Sukanya Shantha, a journalist, filed a writ petition under Article 32 of the Constitution seeking directions for the repeal of offendi...

High Court

High Court of Karnataka Dismisses Second Appeal in Adoption Dispute — Concurrent Findings of Nullity Upheld. Adoption of Minor by Widow Without Husband's Consent and Without Registered Deed Held Void Under Hindu Adoption and Maintenance Act, 1956.

13 Apr 2023

The appellant, Basavaraj alias Shivabasappa, a minor represented by his natural father, filed a second appeal under Section 100 of the Code of Civil P...

Supreme Court

Supreme Court Allows Appeal in Family Pension Case, Restoring Tribunal Order Favoring Adopted Son. Child Adopted by Widow After Government Servant's Death Entitled to Family Pension Under Rule 54(14)(b) of Central Civil Services (Pension) Rules, 1972, as Amendments Removed Bar and Hindu Adoptions and Maintenance Act, 1956 Deems Adoption Valid.

17 Jan 2023

The appeal arose from a dispute over entitlement to family pension under the Central Civil Services (Pension) Rules, 1972. The appellant, Sri Ram Shri...

High Court

Bombay High Court Allows Family Pension to Second Wife in Absence of Valid Divorce or Proof of First Marriage Subsisting at Time of Second Marriage — Presumption of Marriage Under Section 114 of Indian Evidence Act, 1872 Applied. The court held that long cohabitation raises a presumption of marriage, and the burden to rebut it lies on the state, which was not discharged.

16 Feb 2022

The petitioner, Smt. Shamal Mahadeo Tate, filed a writ petition before the Bombay High Court seeking family pension as the second wife of the deceased...

High Court

Bombay High Court Allows Family Pension to Widow Despite Bigamous Marriage Prior to Hindu Marriage Act, 1955 — Marriage Valid Under Custom, Not Void Ab Initio. The court held that a marriage performed before the Act is not void and the widow is entitled to family pension under Rule 116 of Maharashtra Civil Services (Pension) Rules, 1982.

1 Dec 2021

The petitioner, Kanta Anant Dhayarkar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking quash...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit — Karta's Authority to Sell Joint Hindu Family Property Upheld. The Court held that a Karta can execute an agreement to sell joint family property without consent of other coparceners if supported by legal necessity, and the absence of their signatures does not invalidate the transaction.

12 Oct 2021

The Supreme Court allowed the appeal filed by Beereddy Dasaratharami Reddy against the judgment of the Karnataka High Court which had dismissed his su...

Supreme Court

Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

7 Aug 2019

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

9 Oct 2017

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

30 Nov -0001

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...

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