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High Court of Karnataka Quashes Trial Court Decree in Suit for Declaration — Petitioner Granted Opportunity to File Written Statement. Failure to File Written Statement Does Not Automatically Entitle Plaintiff to Judgment Under Order VIII Rule 10 CPC.

The petitioner, Sri Raja R, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 22.02.2022 passed by the X...

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Bombay High Court Upholds Tribunal's Power to Void Gift Deed Under Senior Citizens Act — Son Directed to Hand Over Possession of Flat to Parents. Gift Deed Executed by Parents in Favor of Son Declared Void as Parents Were Not Provided Basic Amenities and Were Subjected to Ill-Treatment.

The Petitioner, Ashwin Ramesh Soni, is the son of Respondent Nos.1 and 2, Ramesh Bachaulal Soni and Beena Ramesh Soni, who are senior citizens aged 68...

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High Court of Karnataka Hears Second Appeal Against Concurrent Decrees Declaring Plaintiffs' Title and Granting Permanent Injunction. Appeal Challenges Findings on Title Based on Sale Deed and Possession, with Defendants Claiming Title as Widow and Subsequent Purchaser.

The litigation arose from a suit for declaration of title and permanent injunction filed by the plaintiffs, who are the sons of Poojari Lingappa. They...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Gift of Shares Without Consideration — Gift Does Not Constitute Income Escape Under the Act.

The petitioner, M/s. Jai Trust, a trust incorporated under the Indian Trust Act, 1882, challenged the legality and validity of a notice dated 12 March...

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High Court of Karnataka Allows Appeal in Ejectment Suit — Tenant's Denial of Landlord's Title Forfeits Protection Under Rent Control Act. The tenant's denial of title and chronic default in rent payment entitles the landlord to decree for ejectment under Section 111(g) of Transfer of Property Act, 1882.

The appellant-plaintiff filed a suit for ejectment against the respondent-defendant, alleging that the defendant was a tenant under one Smt. Chinnamma...

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Bombay High Court Allows Admission of Documents in Partition Suit — Secondary Evidence Permitted Under Section 65 of Indian Evidence Act, 1872. Documents Held Admissible as Certified Copies of Public Records or Where Plaintiff Failed to Produce Originals After Notice.

The suit was filed by Indira Rajguru against her brothers and sister for partition and declaration of rights in respect of properties. The matter came...

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Bombay High Court Allows Partition Suit in Family Property Dispute — Plaintiff Entitled to 1/5th Share. Co-owner's Right to Partition Upheld Despite Unproven Allegations of Oral Partition and Will.

The suit was filed by Indira Rajguru, a resident of the United Kingdom, against her brothers and sister (defendants) for partition and separate posses...

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Bombay High Court Rules on Admissibility of Documents in Suit for Partition and Declaration of Rights. Documents not proved in accordance with Indian Evidence Act, 1872 cannot be admitted in evidence unless original is produced or foundation for secondary evidence is laid.

The suit was placed before the court for considering the admissibility of documents referred to and relied upon by defendant nos.3 and 4 in their comp...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Gift Deed Cancellation Suit. Suit for Declaration that Gift Deed is Null and Void is Properly Valued Under Section 6(iv)(j) of Maharashtra Court Fees Act, 1959, Not Section 6(iv)(d).

The case involves a civil revision application filed by the defendant, Vasant Kisan Idhol, against an order of the trial court rejecting his applicati...

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Bombay High Court Allows Second Appeal in Gift Deed Rectification Case — Donor's Intention Not Established. Plaintiff Failed to Prove That Gift Deed Did Not Reflect True Intention of Donor, and Defendants' Title Through Registered Will Upheld.

The case involves a dispute over 4 acres of land in Survey No. 100/2. The plaintiff, Gokarnabai, claimed ownership based on a registered gift deed dat...