Search Results for "transfer without partition"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not B...

Search Results for "transfer without partition"

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High Court

Bombay High Court Dismisses Revision Against Maintenance Order Under DV Act — Foreign Divorce Decree Does Not Bar Domestic Violence Proceedings. The court upheld the magistrate's order granting maintenance and right to residence to the wife under Sections 12, 17, 18, 19, 20, and 22 of the Protection of Women from Domestic Violence Act, 2005, rejecting the husband's argument that a US divorce decree precludes such relief.

22 Mar 2024

The case involves a revision application filed by Kaushal Arvind Thakker (applicant) challenging the judgment of the Sessions Court which dismissed hi...

High Court

Karnataka High Court Allows Revision Petition in Property Declaration Suit — Order VII Rule 11(d) CPC Application Rejected as Plaint Discloses Cause of Action. Court holds that the plaint cannot be rejected under Order VII Rule 11(d) CPC when the plaintiff's claim is based on a different title and the earlier decree is challenged as not binding.

23 Jun 2023

The case arises from a civil revision petition filed by the petitioner (defendant No.1 in the original suit) challenging the order dated 02.06.2022 pa...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application Under Order VII Rule 11 CPC in Suit for Specific Performance. Court Holds That Agreement to Sell Need Not Be Registered Under Maharashtra Stamp Act for Purposes of Order VII Rule 11 CPC, and That Questions of Limitation and Valuation Are Mixed Questions of Fact and Law Not Decided at Threshold.

28 Mar 2023

The petitioner, Vijay Shivram Pathare, filed a Civil Writ Petition under Article 227 of the Constitution of India challenging the order dated 8th Augu...

High Court

High Court of Karnataka Dismisses Petition Seeking Transfer of Investigation in Theft Case — Petitioner Failed to Show Bias or Malafides on Part of Investigating Officer

25 Jan 2023

The petitioner, Sri M. Prakash, filed a writ petition under Article 226 of the Constitution of India seeking a direction for appointment of a higher r...

High Court

Bombay High Court Dismisses Second Appeals in Property Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court held that no substantial question of law arose as the trial court and first appellate court had concurrently found that the suit property was joint family property and that the plaintiff had proved his share.

30 Dec 2020

The case involves four second appeals arising from a partition suit filed by the original plaintiff, Satchidanand S. S. Kacodkar (since deceased, repr...

High Court

Bombay High Court Dismisses Probate Petition in Will Dispute Due to Suspicious Circumstances and Failure to Prove Valid Execution. Will dated 21st March 1989 held not proved as the attesting witness failed to establish due execution and the propounder failed to dispel suspicious circumstances surrounding the Will.

13 Feb 2020

The suit was a challenge to a Will dated 21st March 1989 purportedly executed by late Tarapada Chatterjee, who died on 24th August 1990. The plaintiff...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Declaration and Possession — Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata

17 Mar 2017

The applicants (defendants in the suit) filed a Civil Revision Application under Section 115 CPC challenging the trial court's order dated 30.09.2013 ...

High Court

Bombay High Court Allows Revision Application in Civil Suit — Upholds Right of Heirs to Seek Impleadment Under Order 22 Rule 4 CPC. Court holds that abatement of suit against deceased defendant does not automatically bar substitution of legal representatives if application is made within limitation.

31 Oct 2014

The case arises from a civil suit filed by the respondents (original plaintiffs) against several defendants, including Balbhim Govind Deshpande (origi...

High Court

High Court of Karnataka Dismisses Land Acquisition Challenges by Landowners in KIADB Proceedings — Preliminary Notification Under Section 28(1) of KIAD Act Not Quashed Despite Alleged Non-Compliance with Section 28(2) and Section 28(4). The court held that the petitioners were guilty of delay and laches and had no locus standi to challenge the acquisition after the final notification was issued.

12 Nov 2013

The case involves multiple writ petitions filed by landowners challenging the acquisition of their lands by the Karnataka Industrial Areas Development...

High Court

Bombay High Court Allows Letters Patent Appeal in Co-owner Possession Dispute — Upholds Injunction Against Co-owner's Interference. The court held that a co-owner in exclusive possession of a portion of joint property is entitled to an injunction restraining another co-owner from interfering with such possession without seeking partition under the Specific Relief Act, 1963 and Transfer of Property Act, 1882.

23 Mar 2005

The dispute arose between two brothers, Dr. P.G. Nair (appellant) and Padmanabhan Mohanan Nair (respondent), who were co-owners of a property known as...

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