Search Results for "Pleading and evidence"

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Bombay High Court Considers Second Appeal in Eviction Suit Where Title Was Disputed; Maintainability of Suit for Possession Without Declaration of Title at Issue. Court Frames Substantial Questions on Effect of Rent Controller's Finding and Evidentiary Value of Survey Records Under Goa Rent Control Act.

The dispute pertained to a residential property known as 'Mordi' or 'Tanki' in Navelim, Goa. The plaintiffs, claiming through John Gomes, had filed an...

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Bombay High Court Dismisses Wife's Appeal in Divorce Case on Grounds of Cruelty and Desertion. Wife's refusal to cohabit and emotional abandonment constituted mental cruelty and desertion under Section 13(1)(ia) and (ib) of Hindu Marriage Act, 1955.

The appellant-wife and respondent-husband were married on 26.01.2007 at Nagpur. The wife stayed with the husband only for a brief period from 26.01.20...

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Bombay High Court Dismisses Appeals in Partition Suit — Upholds Finding That Properties Were Self-Acquired. Daughters Granted Equal 1/6th Share Under Hindu Succession Act, 1956 as Father Died Intestate.

The case involves a partition suit filed by three daughters (Plaintiffs) against their brother (Defendant No.1) and others, seeking a share in propert...

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Supreme Court Upholds Referral to Arbitration Despite Fraud Allegations in Development Agreement Dispute. Arbitration Clause Survives Challenge When Fraud Relates to Inducement Not Affecting Contractual Terms.

The appeal arose from a civil suit filed by Deccan Paper Mills Co. Ltd. (appellant) against Regency Mahavir Properties and others (respondents) seekin...

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High Court of Karnataka Upholds Decree for Specific Performance of Agreement of Sale — Plaintiff's Readiness and Willingness Established. Agreement dated 12.08.2004 for sale of property for Rs.75 lakhs with advance of Rs.10 lakhs; defendant failed to execute sale deed; trial court decree upheld.

The case involves a suit for specific performance of an agreement of sale dated 12.08.2004 for a property in Seegehalli Village, Bengaluru. The plaint...

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Supreme Court Dismisses Appeal in Partnership Dispute Over Share Entitlement. Plaintiffs Failed to Prove Capital Contribution of Rs.50,00,000 as per Partnership Deed Dated 30.10.1992, Thus Entitled Only to 10% Share in Profits and Losses Until Expulsion on 18.6.2004.

The dispute originated from a partnership firm, M/s Selwel Combines, reconstituted in 1992 with plaintiff No.1 inducted as a partner under a deed stip...

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Bombay High Court Dismisses Contempt Petition Against Shareholders for Alleged Scandalous Allegations in Legal Proceedings. Filing of false cases does not constitute criminal contempt unless it scandalizes the court or impedes administration of justice under Section 2(c) of Contempt of Courts Act, 1971.

The petitioner, Housing Development Finance Corporation Limited (HDFC), filed a contempt petition against respondent shareholders Sureshchandra V. Par...