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Bombay High Court Allows Section 9 Petition for Interim Relief in Family Settlement Dispute. Court grants status quo order to protect assets pending arbitration under family settlement agreement.

The petitioner, Mukesh J. Shah, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pe...

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Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alienations and Direction to Frame Scheme for Charitable Trust. High Court Held Will Dated 27.9.1968 Was Mutual and Joint, and Alienations by Surviving Spouse Void.

These appeals arose from Original Suit No. 76 of 1981, filed by Hindu Community in General and Citizens of Gobichettipalayam as plaintiff, seeking adm...

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Supreme Court Hears Appeal on Applicability of Section 92 CPC to Wakf Deed Mixing Family and Charitable Purposes. Suit for Removal of Mutwalli Without Advocate-General's Sanction Raises Question on Scope of Section 92 of Code of Civil Procedure, 1908.

This appeal before the Supreme Court of India arose out of a suit filed by Sugra Bibi, the widow of a deceased joint Mutwalli, seeking the removal of ...

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Bombay High Court Considers Writ Petitions Challenging Family Court’s Refusal to Appoint Commissioner for Partition of Matrimonial Property and Denial of Injunction Against Husband’s Entry. Issues Involve Interpretation of Joint Ownership and Rights Under Hindu Marriage Act, 1955.

The dispute arose from a marital discord between Sumit Vijay Kumar (husband) and Shraddha Gupta (wife), both working professionals married in 2011. Th...

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Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was not barred by limitation as the plaintiff's possession was not adverse and the defendants failed to prove ouster.

The case pertains to a Regular First Appeal filed by the defendants against the judgment and decree dated 30.09.2010 passed by the Senior Civil Judge,...

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SECOND APPEAL NO. 708 OF 2008

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High Court of Karnataka Dismisses Second Appeal in Property Partition Suit — Confirms Half Share to Plaintiff. Sale Deed Executed by Father Without Legal Necessity Held Not Binding on Daughter as Coparcener Under Hindu Succession Act, 1956.

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree in R.A. No. 207/1997, which confirmed the trial...

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Supreme Court Partly Allows Appeal in Partition Suit — Upholds High Court's Decree for 5/9th Share but Sets Aside Sale to Third Party. Defendant No. 7's Sale of Joint Family Property to Defendant No. 9 Held Void as Purchaser Had Notice of Pending Suit.

The case pertains to a partition suit filed by Kumar Vamanrao alias Alok, Kumar Vyas alias Prateek, and Aruna (plaintiffs) against Sudheendra (defenda...