Search Results for "declaration decree"

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Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

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High Court Allows Writ Petition, Quashes Revenue Orders in Land Dispute, Upholds Civil Decree and Will-Based Transfer Under Gujarat Land Revenue Code

The petitioners, heirs of  Petitioner, challenged orders by revenue authorities cancelling a mutation entry and imposing penalties under Section ...

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Madras High Court Allows Second Appeal, Remands Case for Fresh Disposal in Property Dispute. First Appellate Court Exceeded Jurisdiction by Granting Relief to Non-Appealing Defendants Without Cross-Appeal Under Section 100 CPC.

The plaintiff, G. Kannan, filed a second appeal before the Madurai Bench of the Madras High Court against the judgment and decree of the Sub Court, Bo...

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Bombay High Court Full Bench Interprets Prospective vs. Retrospective Operation of Amended Section 6 of Hindu Succession Act in Second Appeals. Court Examines Coparcenary Rights of Daughters Born Before and After 2005 Amendment and Whether Division Bench Decision Is Per Incuriam.

This matter came before a Full Bench of the Bombay High Court upon a reference by a learned Single Judge (R.G. Ketkar, J.) who doubted the correctness...

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Supreme Court Upholds Relevance of Age Statement in Will Under Evidence Act Sections 32(5)&(6) and Admissibility of Secondary Evidence. Legal Principles on Will Execution and Burden of Proof Clarified; Endorsement on Birth Register Held Inadmissible Without Examination of Its Writer.

The case concerned a Hindu male who executed a will three days before his death, bequeathing all his properties absolutely to his mother. In the will,...