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Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

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Supreme Court Dismisses Appeal for Compassionate Appointment Due to Delay of 11 Years in Attaining Majority After Employee's Death. Claim Rejected as Time-Barred Under Haryana Government Instructions Dated 22.03.1999 Requiring Attainment of Majority Within Three Years of Death.

The appellant, Tinku, is the son of Jai Prakash, a constable in Haryana Police who died in harness on 22.11.1997. At the time of his father's death, t...

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Bombay High Court Dismisses Appeal Against Substitution of Plaintiffs in Property Suit Based on Will. Substitution of Legal Representatives Under Order 22 Rule 3 CPC Does Not Change Nature of Suit Even If Claim Is Through a Will and Involves Transposition of a Defendant.

The appeal arose from a property dispute among family members of Late Haji Israr Alam Siddiqui. The appellant, Mujibur Rehman, is one of the sons of t...

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Karnataka High Court Dismisses State's Appeal, Upholds Freedom Fighter Pension to Widow Despite Delay. Court holds that beneficial legislation must be liberally construed and delay cannot defeat a widow's claim for pension under the Karnataka Freedom Fighters' Pension Rules, 2004.

The respondent, Smt. Fakirawwa alias Bhimawwa, is an 86-year-old widow whose husband, Fakirappa Sangoli, was a freedom fighter who participated in the...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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High Court of Karnataka Acquits Accused in Cruelty by Husband Case Due to Inconsistent Evidence and Lack of Corroboration. Allegations of Dowry Demand and Harassment Under Section 498A IPC Fail as Prosecution Witnesses Turn Hostile and Material Contradictions Remain Unexplained.

The petitioner, Sadananda Naik, was convicted by the JMFC (III Court), Mangalore, in C.C. No. 5099/2007 for the offence punishable under Section 498A ...

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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 Appeal in Motor Accident Claim — Enhances Compensation for Death of Apprentice Steward. Future Prospects and Correct Multiplier Applied Under Motor Vehicles Act, 1988.

The appellant, Vincentina Paulina D'Souza, filed a claim petition before the Motor Accident Claims Tribunal (MACT) at Goa seeking compensation for the...

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Bombay High Court Dismisses Criminal Contempt Petition Alleging Scandalizing of Lower Court. Use of Words 'Extraneous Considerations' in Review Application Held Not to Constitute Criminal Contempt Under Section 2(c) of Contempt of Courts Act, 1971.

The petitioner, Col. Mahendra Pratap Choudhary, filed a criminal contempt petition under Section 15 read with Section 2(c) of the Contempt of Courts A...