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WRIT PETITION NO.4761 OF 2024

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Supreme Court Upholds Firm's Ownership Over Property Contributed by Partner in Hotel Partnership Case. Relinquishment Deed and Partnership Act Section 14 Confirm Property as Firm Asset, Not Inheritable by Legal Heirs.

The dispute arose from a partnership firm, M/s Hotel Alka Raje, constituted in 1972 by late Bhairo Prasad Jaiswal and his brother Hanuman Prasad Jaisw...

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Bombay High Court Dismisses Petition to Quash Summons in Partnership Dispute — Allegations of Cheating and Criminal Breach of Trust Under Sections 420, 406 IPC. Court holds that prima facie case exists for trial, refusing to interfere with lower court orders.

The petitioners, Ramesh Dadarao Bagdure and Omprakash Satyanrayan Baheti, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Benc...

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High Court of Karnataka Allows Appeal in Partnership Dispute — Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The appellant (defendant) challenged the judgment of the II Additional Civil Judge (Sr. Dvn.) Hubballi in RA No.126/2004 dated 12.12.2006, which rever...

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Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

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Bombay High Court Dismisses Appeal in Partition Suit, Upholds Single Judge's Refusal of Interim Relief. Court holds that property acquired by siblings after father's insolvency cannot be presumed to be joint family property without evidence of joint funds or common business.

The appeal arose from a judgment of a learned Single Judge dated 27 August 2013 dismissing a motion for interim relief in a suit for partition. The ap...