Search Results for "indivisible decree"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "indivisible decree"

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Supreme Court

Supreme Court Upholds Petitioner in IPC Marital Rape Exception Challenge; Declares Exception 2 to Section 375 IPC Unconstitutional for Girls Aged 15-18. The Court Held That the Exception Violates Articles 14, 15(3) and 21 of the Constitution by Discriminating Between Married and Unmarried Girls and Disregarding Child Marriage Prohibition.

1 Aug 2026

The writ petition under Article 32 of the Constitution was filed by Independent Thought, a child rights society, challenging Exception 2 to Section 37...

Supreme Court

Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

15 May 2026

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

High Court

Bombay High Court Dismisses Petition Seeking Single Conviction for Multiple Cheque Dishonours — Default Sentences Ordered Consecutively. Each cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881 is a distinct offence, and default sentences under Section 357(3) of the Code of Criminal Procedure, 1973 can run consecutively.

5 May 2026

The petitioner, Cyrus Noshirwan Kartak, was a director of Mintaur Engineering Private Ltd. The respondent-complainant sold and delivered goods to the ...

High Court

High Court Quashes SC/ST Act Proceedings Against Accused No.2 Due to Lack of Specific Allegations and Absence of Intent to Humiliate on Caste Basis. The court held that vague and omnibus allegations without specific overt acts do not constitute an offence under Section 3(1)(r) of the SC/ST Act, 1989, and continuing proceedings would be an abuse of process.

24 Nov 2023

The petitioner, Mallinath @ Hawamallayyamuttya, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the co...

High Court

Bombay High Court Allows Trustees' Challenge to Charge-Sheet Under Maharashtra Public Trusts Act, 1950 — Joint Charity Commissioner's Order Quashed for Lack of Application of Mind. The Court held that the charge-sheet under Section 41D of the Act must contain specific allegations and cannot be issued mechanically without considering the trustees' explanation.

23 Jun 2023

The judgment concerns three writ petitions filed by trustees of a public trust challenging a common order dated 13.08.2021 passed by the Joint Charity...

High Court

High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Rejects Adverse Possession Claim by Co-owner. Court holds that a co-owner in possession cannot claim adverse possession against another co-owner unless there is ouster or denial of title, and that a preliminary decree for partition can be passed even if some properties are not available for division.

12 Nov 2021

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30.11.2015...

High Court

Bombay High Court Allows Appeal in Succession Dispute Over Bank Deposits — Nomination Does Not Confer Ownership, Successors Entitled to Equal Shares Only After Determination in Inventory Proceedings. The court held that the amount standing in the name of the deceased mother could be withdrawn by her successors only after the shares are determined in Inventory Proceedings under the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

15 Mar 2017

The case involves a dispute among the children of late Smt. Chameli Yadav regarding the distribution of amounts lying in her savings account and two f...

High Court

Bombay High Court Quashes Criminal Proceedings Against Public Servant in Assault Case Due to Lack of Sanction Under Section 197 CrPC. Proceedings Under Sections 353 and 186 IPC Quashed as Complaint Filed by Private Individual Without Requisite Sanction for Prosecution of Public Servant.

25 Oct 2016

The applicant, Kundan Khanderao Dhande, filed a criminal application under Section 482 CrPC seeking quashing of Criminal Proceeding bearing S.C.C. No....

High Court

Bombay High Court Allows Second Appeal in Partition Suit Due to Abatement — Failure to Bring Legal Heirs of Deceased Defendants on Record Renders Entire Suit Abated. The court held that in a partition suit, the right to sue is joint and indivisible, and the entire suit abates if any party dies and their legal representatives are not brought on record under Order 22 Rule 4 of CPC.

29 Jun 2015

The case involves a second appeal arising from a partition suit. The appellant, original Defendant No.1, challenged the decrees passed by the trial co...

High Court

Bombay High Court Allows Second Appeals in Property Suit, Remands for Fresh Consideration on Issue of Possession and Limitation. The court held that the lower appellate court's findings on possession were perverse and not based on evidence, requiring a fresh adjudication on limitation and adverse possession under Article 65 of the Limitation Act, 1963.

30 Nov -0001

The case involves three second appeals arising from a suit for possession filed by Salvador Quadros (respondent/plaintiff) against Conceicao Quadros a...

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