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Supreme Court Dismisses Partition Suit for HUF Properties — Burden of Proof Not Discharged. Plaintiff Failed to Establish Existence of Hindu Undivided Family Between Two Brothers Despite Alleged Joint Business and Property Acquisitions.

The case involves a dispute over properties claimed to be part of a Hindu Undivided Family (HUF). The plaintiff, Bhagwat Sharan, filed a suit for part...

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Bombay High Court Allows Second Appeal in Partition Suit — Sale by Brother for Legal Necessity Upheld. Daughters' Claim for Partition Dismissed as Sale Deed Dated 28.3.1968 Was Supported by Legal Necessity and Prior Conditional Sale.

The case involves a partition suit filed by two daughters (plaintiffs) against their brother Tukaram and the appellant (defendant no.1), who purchased...

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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 Arbitration Application by Beneficiaries of Trust Under Section 11 of Arbitration and Conciliation Act, 1996 — Non-Signatory Beneficiaries Can Invoke Arbitration Clause in Trust Deed.

The applicants, beneficiaries of the first respondent trust (a private family trust created by a Deed of Trust dated 6th April 1983), filed an applica...

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Bombay High Court Dismisses Mother's Custody Petition for Minor Daughters Rescued from Brothel Under PITA. Custody of rescued minor victims under Immoral Traffic (Prevention) Act, 1956 vests with Child Welfare Committee for rehabilitation, not with biological mother, to prevent re-exploitation.

The petitioner, Smt. Babita, mother of two minor daughters aged 15 and 16, filed a Criminal Writ Petition challenging orders of the Judicial Magistrat...