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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Supreme Court Allows Tenant's Appeal in Rent Control Jurisdiction Case — Decree Passed After Act's Applicability Is Void. Civil Court Loses Jurisdiction Once Rajasthan Rent Control Act, 2001 Applies to Area; Decree Passed Thereafter Is Void Ab Initio.

The Supreme Court allowed the appeals filed by the tenant-appellants against the judgment of the Rajasthan High Court which had dismissed their revisi...

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Supreme Court Upholds Legitimacy of Child from Irregular Muslim Marriage in Partition Suit. Child born from marriage of Muslim man with Hindu woman held legitimate and entitled to inherit father's property under Muslim law.

The Supreme Court dismissed an appeal against the Kerala High Court's judgment that restored the trial court's decree in a partition suit. The dispute...

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Karnataka High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Suit Not Barred by Limitation or Res Judicata. Order VII Rule 11 CPC Application Dismissed as Plaint Discloses Cause of Action and Is Not Time-Barred.

The appellants, three sisters, filed a suit for partition and separate possession of the suit property claiming to be co-owners along with their broth...

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Bombay High Court Allows Husband's Appeal for Nullity of Marriage Under Section 11 of Hindu Marriage Act, 1955 Due to Wife's Subsisting Marriage. Wife's Appeal for Maintenance Dismissed as Marriage Void Ab Initio.

The case involves two cross-appeals arising from a judgment of the Family Court, Aurangabad, in Petition No. B-1/2010. The husband, Dheeraj Patil, fil...

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Bombay High Court Allows Wife's Appeal for Maintenance Despite Void Marriage Under Hindu Marriage Act. Section 25 of Hindu Marriage Act, 1955 Entitles Wife to Maintenance Even if Marriage is Declared Void Ab Initio.

The appellant-wife filed a petition under Section 11 of the Hindu Marriage Act, 1955 seeking a declaration that her marriage with the respondent-husba...

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Bombay High Court Dismisses Revision Against Rejection of Application to Set Aside Ex-Parte Decree in Suit for Declaration and Injunction. Delay of 13 Years Not Condoned as Applicants Failed to Show Sufficient Cause Under Order 9 Rule 13 CPC.

The case involves a civil revision application filed by the original defendants (applicants) against an order of the Civil Judge Senior Division, Khed...