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Bombay High Court Dismisses Writ Petition Challenging Executing Court's Refusal to Reopen Partition Decree Based on Will. Executing Court Cannot Go Behind a Final Decree to Redetermine Shares on Basis of Alleged Will Produced After Decree Became Absolute.

The Bombay High Court dismissed a Writ Petition challenging the order of the Executing Court rejecting an application for framing of issues and modifi...

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Supreme Court Allows Appeal in Partition Suit, Restores Concurrent Findings of Courts Below. High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence on Legal Necessity and Antecedent Debt.

The present appeal arises from a partition suit filed by the original plaintiff, Rengan Ambalam, seeking a 1/3rd share in joint family properties, par...

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High Court of Karnataka Allows Plaintiffs' Writ Petitions in Partition Suit — Court Commissioner Directed to Compare Disputed Signature with Sub-Registrar's Register. Trial Court's Rejection of Application to Compare Signature with Registered GPA Register Set Aside Under Order 26 Rule 9 CPC.

The petitioners, who are plaintiffs in a partition suit (O.S. No. 225/06) pending before the Civil Judge (Sr. Dn.), Chikmagalur, filed writ petitions ...

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Bombay High Court Upholds Trial Court's Power to Direct Defendant to Begin Evidence Under Order 18 Rule 1 CPC. Negative Averments and Admission of Possession Shift Burden to Defendant to Prove Title.

The petitioner, M/s. Metafield Coil Pvt. Ltd., the original defendant in Special Civil Suit No. 204/2001, challenged an order passed by the trial cour...

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Bombay High Court Quashes Criminal Proceedings Against Directors and Officers in Cheque Dishonour Case Due to Absence of Specific Allegations. Vicarious Liability Under Section 138 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Issuance of Cheque.

The petitioners, including M/s. GIC Housing Finance Ltd. and its directors/officers, filed a writ petition under Article 226 of the Constitution read ...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Agricultural Land Not Enforceable as Plaintiff Did Not Demonstrate Financial Capacity and Conduct Showed Lack of Readiness.

The appellant, Jayantilal Devji Shah, filed a suit for specific performance of an agreement for sale of agricultural land against the respondents. The...