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Resolving Complexities in a Civil Suit for Partition. Limitation Issues, Res Judicata, and Legislative Amendments in Judicial Proceedings.

The legal dispute involving a civil suit for partition and related claims, focusing on the issue of limitation under Section 9-A of the CPC. It explor...

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Bombay High Court Dismisses Pre-emption Claim Under Section 22 of Hindu Succession Act, 1956 — Testamentary Succession Bars Intestate Right. Property Devolution by Will Excludes Statutory Right of Pre-emption as Section 22 Applies Only to Intestate Property.

The case involves a dispute over a suit property (Plot No.21, Laxmi Nagar, Nagpur) originally purchased by late Kashinath Subhedar in the name of his ...

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Supreme Court Allows Appeal, Upholds Arbitral Award Holding Husband Jointly and Severally Liable for Wife's Debit Balance in Stock Trading Account — Oral Contract for Joint Liability Falls Within Scope of BSE Bye-law 248(a) Arbitration Clause.

The Supreme Court allowed the appeal filed by AC Chokshi Share Broker Private Limited against the order of the Bombay High Court's division bench, whi...

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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

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Supreme Court Upholds Eviction Decree in Rent Control Case — Concurrent Findings of Default and Non-User Not Interfered With. Tenant's Failure to Pay Rent and Non-User of Premises for Stated Purpose Justify Eviction Under Bombay Rents, Hotel & Lodging Houses Rates Control Act, 1947.

The Supreme Court dismissed two civil appeals arising from a landlord-tenant dispute over eviction. The plaintiff purchased the suit property in 1986 ...

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Bombay High Court Allows Wakf Board's Second Appeal in Property Dispute Over Dargah and Graveyard. Court Holds That Wakf Board Can Sue for Declaration and Possession Without Prior Notification Under Section 6 of Wakf Act, 1954, and That Adverse Possession Cannot Be Claimed Against Wakf Property.

The appellant, Maratwada Wakf Board, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment of the fir...

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High Court of Karnataka Dismisses Revision Petition in Eviction Suit — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Tenant's Revision Against Eviction Order Dismissed as No Jurisdictional Error or Material Irregularity Shown.

The case involves a civil revision petition filed by Sri Ishwar Gundojirao Genje @ Muchandi (petitioner) against the legal heirs of the deceased respo...

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High Court of Karnataka Dismisses Revision Petition as Not Maintainable Against Interim Maintenance Order Under Section 125(2) Cr.P.C. — Interim Order Under Section 125(2) Cr.P.C. Is Interlocutory and Not Subject to Revision Under Section 19(4) of Family Court Act.

The revision petition was filed by the wife and minor child against an order dated 24.07.2020 passed by the IV Additional Principal Family Judge, Mysu...