Search Results for "Joint decree"

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Supreme Court Allows Appeal in Partition Suit, Restores Concurrent Findings of Courts Below. High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence on Legal Necessity and Antecedent Debt.

The present appeal arises from a partition suit filed by the original plaintiff, Rengan Ambalam, seeking a 1/3rd share in joint family properties, par...

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Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Joint Family Property Character Upheld Despite Sale by Sole Surviving Coparcener. Adoption Does Not Convert Joint Family Property into Self-Acquired Property; Purchaser Fails to Prove Bonafide Purchase Without Notice.

The case involves a second appeal arising from a suit for partition filed by Respondent Nos.1 to 3 (original Plaintiffs) against Respondent No.4 (Sidh...

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Bombay High Court in Second Appeal Determines Whether Two Sale Deeds Give Rise to Distinct Causes of Action Under Order 2 Rule 2 CPC; Legal Heirs' Challenge to Second Alienation Not Barred by Splitting of Claims.

The litigation arose from two alienations of ancestral land by one Tikaram. Tikaram had sold 3.20 acres out of Khasra No. 189 to the defendants by a s...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Appellant failed to show any substantial question of law arising from concurrent findings of courts below regarding possession and title of suit property.

The case involves a second appeal filed by Sou. Sheetal Ulhas Dangi, who was the original defendant no.22, against the judgment and decree passed by t...

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Supreme Court Dismisses Plaintiff’s Appeal in Hindu Succession Case — Doctrine of Pious Obligation Applied to Tamil Vannian Christians. Endorsee of Promissory Note Entitled to Sue Non-Executant Coparceners Where Endorsement Transfers Debt under Hindu Law

The dispute arose out of a suit for partition and declaration filed by the appellant (plaintiff), the son of the eighth defendant, against the first r...

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Bombay High Court Dismisses Wife's Appeal Against Divorce Decree in Cruelty and Desertion Case. Multiple false criminal complaints and failure to resume cohabitation after restitution decree constituted mental cruelty under Section 13(1)(i-a) of Hindu Marriage Act, 1955.

The appellant-wife challenged the judgment and decree of divorce granted to the respondent-husband under Section 13(1)(i-a) and 13(1-A)(ii) of the Hin...