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High Court of Karnataka Allows Writ Petition in Final Decree Proceedings — Mesne Profits Must Be Determined Before Auction Sale. Held that mesne profits under Section 2(12) CPC are a substantive right that cannot be deferred until after the sale of property in final decree proceedings.

The petitioner, Sri S.P. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders passed by the XV...

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Supreme Court Allows Partition Suit by Granddaughter of Former Ruler — Private Properties of Nawab of Rampur to Be Distributed Under Muslim Personal Law, Not Primogeniture. Merger Agreement Guarantee of Succession to Gaddi Does Not Cover Private Properties Declared Under Article 4.

The case concerns the succession to properties declared as private properties by Nawab Raza Ali Khan, the former ruler of Rampur, under the Merger Agr...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings. Court holds that second wife and her children are entitled to share in joint family property as coparceners under Hindu Succession Act, 1956.

The case involves a partition suit filed by the first wife and her daughters against the husband and his second wife and children. The trial court and...

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High Court of Bombay at Goa Dismisses Revenue's Appeal in Tax Case — Charter Hire Charges Not Excessive Under Section 40A(2)(a) of Income Tax Act. Concurrent findings of fact that charges were based on Barge Owners Association rates upheld.

The case involves two tax appeals filed by the Commissioner of Income Tax against M/s. Goa Minerals Pvt. Ltd. under Section 260A of the Income Tax Act...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed. Sale Deed of 3/7th Share Validly Executed by Co-owners in Favour of Plaintiff, and Defendant's Possession as Tenant Is Not Adverse to Plaintiff's Title.

The appellant, original defendant No. 1, filed a second appeal against the concurrent judgments of the trial court and the first appellate court in a ...

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High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Tribunal's Deletion of Rental Income Addition Upheld. Rental income from property held as stock-in-trade is assessable under 'Income from House Property' and not 'Business Income' as per Section 22 of the Income Tax Act, 1961.

The present appeal was filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the order dated 27.02.2015 passed by the Income T...

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Bombay High Court Dismisses Appeal Against Decree Declaring Plaintiffs' Ownership of 3/4th Share in Suit Property. Agreements Executed by Co-Owners Held Not Binding on Plaintiffs' Undivided Share Under Transfer of Property Act, 1882.

The appeal arises from a judgment and order dated 21 August 2003 passed by the Joint Civil Judge Senior Division, Pune, in Special Civil Suit No.2107 ...