Search Results for "lawful 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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "lawful partition"

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High Court

High Court of Karnataka Quashes FIR in Family Inheritance Dispute Under Section 482 CrPC/Section 528 BNSS — Pending Civil Suit Renders Criminal Proceedings an Abuse of Process. The court held that when a civil suit for partition is already pending on the same set of facts, registration of a criminal complaint for forgery and fraud amounts to an abuse of the legal process and must be quashed, particularly where the dispute is essentially civil and the complainant is a family member seeking to harass the accused.

21 Jul 2026

The dispute concerned the estate of one Vasantha Rangan, who died intestate in 2015, leaving behind his widow (petitioner No.1), elder daughter (petit...

High Court

Bombay High Court Dismisses Revision Applications Against Eviction Decree for Unlawful Subletting and Structural Alterations. Lease Deed Did Not Confer Right to Sublet Without Landlord's Consent; Subletting to Associate Companies and License to Third Party Constituted Unauthorized Subletting Under Section 108(o) of Transfer of Property Act, 1882.

12 Nov 2024

The case involves a dispute over the eviction of tenants from a godown in Mumbai. The plaintiff, Saidpur Jute Co. Ltd., owned Godown No. 63 and leased...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Gift Deed Void for Lack of Acceptance and Possession. The court held that a gift deed executed by a husband in favor of his second wife without acceptance and delivery of possession is void under Section 122 of the Transfer of Property Act, 1882, and the property remains joint family property subject to partition.

10 Jun 2022

The case involves a partition suit filed by Rakhamabai (first wife) and Ushabai (daughter) against Subhadrabai (second wife) and others. The deceased ...

High Court

High Court of Karnataka Hears Two Regular First Appeals Under Section 96 CPC Against Common Judgment in Suits for Declaration, Injunction, Partition, and Dissolution of Partnership — Property Dispute Involving Sites in Mysore and Bangalore

10 Nov 2021

The Regular First Appeals RFA No.37/2003 and RFA No.84/2003 were filed under Section 96 of the Code of Civil Procedure, 1908, challenging the common j...

Supreme Court

Supreme Court Allows Appeal: Stranger to Compromise Decree Can Challenge It by Separate Suit — Order 23 Rule 3A CPC Does Not Bar Such Suit

6 May 2020

The appeal arose from a suit filed by the appellant, Triloki Nath Singh, seeking a declaration that a compromise decree dated 15 September 1994 passed...

High Court

High Court of Bombay Allows Appeal in Land Suit for Declaration of Ownership and Injunction — Plaintiffs Failed to Prove Title and Possession, but Court Grants Relief Based on Revenue Records and Admission by Defendants. The court held that when the defendant admits the plaintiff's title and possession in the written statement, the burden of proof is discharged and the suit must be decreed.

28 Aug 2019

The appellants, who were the plaintiffs in the trial court, filed Special Civil Suit No. 54 of 2012 seeking a declaration of ownership and permanent i...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Tenant Suit — Concurrent Findings of Subletting and Unauthorised Construction Upheld. Landlord's Suit for Possession Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Succeeded as Tenant's Legal Heirs Failed to Prove Lawful Succession and Committed Acts of Subletting and Structural Alteration Without Consent.

12 Jul 2019

The case arises from a civil revision application filed by the original defendants (legal heirs of the deceased tenant) against the concurrent judgmen...

High Court

Bombay High Court Allows Execution Application for Sale of Partnership Property in Execution of Money Decree. Court holds that decree holder can attach and sell judgment debtor's interest in partnership assets without impleading the partnership firm as a party, under Order 21 Rule 49 CPC and Section 29 Partnership Act, 1932.

20 Apr 2018

The case involves a dispute between Shreyas Alias Ashok Narayan Pathare (plaintiff/judgment debtor) and CVK & Associates (defendant/decree holder). Th...

High Court

Karnataka High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Limitation and Res Judicata Cannot Be Decided Under Order 7 Rule 11 CPC Without Trial

6 Mar 2015

The appellants, who were the plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC)...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for Possession and Mesne Profits Dismissed as Plaintiffs Failed to Prove Title and Possession.

30 Nov -0001

The case involves a Second Appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Judge, Latur, dismissi...

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