Search Results for "Hindu family partition"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Hindu family partition"

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High Court

Bombay High Court Allows Counter Claim in Suit for Perpetual Injunction — Order 8 Rule 6A CPC Permits Set-Off or Counter Claim Even in Injunction Suits. The court held that a counter claim arising from the same transaction cannot be excluded with liberty to file a fresh suit, as it would lead to multiplicity of proceedings.

19 Jan 2015

The petitioners, who were defendants in Regular Civil Suit No. 561 of 2014, challenged an order passed by the trial court under Order 8 Rule 6A and 6C...

High Court

Bombay High Court Dismisses Writ Petition Challenging Execution Decree in Property Dispute — Court Holds That Execution Proceedings Cannot Be Reopened After Final Decree and That Objections Under Order 21 Rule 97 CPC Must Be Raised Before Executing Court, Not by Way of Writ Petition.

26 Feb 2015

The petitioners, who were legal representatives of the original judgment debtors, filed a writ petition under Article 226 of the Constitution of India...

High Court

Bombay High Court Hears Appeals Against Remand Orders in Civil Suits Involving Ownership and Partition. First Appellate Court's Directions to Allow Amendment of Written Statement and Fresh Evidence Challenged Under Order XLI Rules 23, 23-A, 25 and Order VI Rule 17 CPC.

23 Feb 2021

The present judgment before the High Court of Judicature at Bombay, Bench at Aurangabad, dealt with four appeals from orders arising out of two civil ...

High Court

Bombay High Court Dismisses Petition Challenging Withdrawal from Land Acquisition Under Section 48 of Land Acquisition Act, 1894. Government's Discretion to Withdraw Upheld After Notification Under Section 11 of Maharashtra Resettlement of Project Displaced Persons Act, 1976 Lapsed.

12 Jan 2005

The petitioners, Sharad Jijaba Kakade and Sandip Jijaba Kakade, were members of a joint Hindu family that owned ancestral land recorded in the name of...

High Court

High Court of Karnataka Allows Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Courts Below Reversed on Ground of Non-Examination of Attesting Witness to Will. The first appellate court's reversal of the trial court's decree was set aside as it failed to consider the mandatory requirement of examining an attesting witness to prove the Will under Section 68 of the Indian Evidence Act, 1872 read with Section 63 of the Indian Succession Act, 1925.

1 Oct 2013

The appellant, H.M. Rudraradhya, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and de...

High Court

Bombay High Court Allows Second Appeal in Minor's Property Sale Case — Mother's Sale Without Court Permission Void. Sale of Minor's Share by Mother as De Facto Guardian Without Prior Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956 Held Void Ab Initio.

21 Jan 2019

The appellant, Rameshwar Paul, originally a minor, filed a suit through his father as next friend seeking declaration that a sale deed executed by his...

High Court

High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

18 Jan 2019

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging Land Tribunal Order Granting Tenancy Rights to Respondents 3 and 4 Under Karnataka Land Reforms Act, 1961 — Petitioner Failed to Prove Ownership or Adverse Possession.

19 Feb 2019

The case involves two writ petitions filed by K.T. Venkatappa (since deceased, represented by his legal representatives) challenging the order dated 1...

High Court

High Court of Karnataka Quashes Land Tribunal Order Granting Tenancy Rights in Land Reforms Case — Tribunal Failed to Consider Evidence and Conduct Proper Inquiry Under Karnataka Land Reforms Act, 1961.

19 Feb 2019

The petitioner, K.T. Venkatappa (since deceased, represented by his legal representatives), filed a writ petition under Articles 226 and 227 of the Co...

High Court

Bombay High Court Allows Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Possession and Ownership. Court holds that a co-owner in exclusive possession of a portion of joint property cannot be dispossessed without a decree for partition and separate possession under Section 44 of the Transfer of Property Act, 1882.

24 Jul 2014

The case involves a dispute among co-owners of a joint family property. The original plaintiff, Shantaram Bapu Kambli, filed a suit for possession of ...

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