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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 Will Interpretation Case — Absolute Interest Vested in Wife Under Holograph Will. Sale Deed Executed by Wife Held Valid and Binding on Son Despite Testator's Desire for Division of Sale Proceeds.

The appeals arose from a common judgment of the Karnataka High Court in R.F.A. Nos. 1888/2011 and 1889/2011, which partly allowed the first appeal and...

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Bombay High Court Allows Amendment to Plaint in Suit for Compensation and Declaration of Sale Agreement as Void. Amendment Sought to Challenge Agreement for Sale of Property Allegedly Purchased with Siphoned Funds Allowed Under Order VI Rule 17 CPC.

The Plaintiff, Edit II Productions, filed a suit seeking compensation for financial loss caused by the Defendants who allegedly siphoned funds from th...

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Supreme Court Upholds Pre-emptive Purchase Order Under Income Tax Act for Undervalued Property. Appropriate Authority's Valuation Based on Comparable Sales Upheld as Reasonable.

The Supreme Court dismissed appeals by prospective buyers (Krishna Kumar Rawat & Ors.) and partly allowed the appeal by the Union of India against a H...

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Bombay High Court Allows Writ Petition Against Society's Refusal to Grant Membership to Purchaser of Premises. Registered Sale Deed Holder Entitled to Membership Under Section 23(2) of Maharashtra Cooperative Societies Act, 1960 Despite Developer's Objection.

The petitioners, Apna Sahakari Bank Ltd. and its Deputy General Manager, filed a writ petition under Article 226 of the Constitution of India challeng...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell by Minor's Guardian Without Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956.

The appellant, Kasturbai Himmat Patil, filed a suit for specific performance of contract against the original defendant Lilabai Patil, alleging that L...

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Bombay High Court Allows Writ Petition Challenging Refusal to Register Conveyance Deed Between Builder and Cooperative Housing Society. Registering Authority Cannot Refuse Registration on Grounds Outside Indian Registration Act, 1908.

The petitioner, Chairman/Secretary of Deep Apartment CHS Ltd., filed a writ petition challenging the orders of the Registering Authority and the Appel...

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Bombay High Court Quashes Process in Defamation Case Against Accused No.1 Due to Lack of Prima Facie Evidence. Allegations of Criminal Conspiracy Under Section 120-B IPC Not Made Out as Petitioner Was Not Shown to Have Authored or Sent Defamatory Letter.

The petitioner, Anandt Hiraman Ghatole, filed a criminal writ petition before the Bombay High Court at Nagpur challenging the order dated 25.3.2009 pa...