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Bombay High Court Upholds Daughter's Right to Partition in Scheduled Tribe Family Based on Custom — Custom of Succession Among Bhil Tribe Recognized as Entitling Daughter to Father's Share

The case involves a second appeal by the original defendants (Bhagga Damma Bhil and Shama Bhagga Bhil) against the judgment of the District Judge, Dhu...

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Bombay High Court Dismisses Second Appeal in Property Possession Dispute — Concurrent Findings of Ownership and Possession Upheld. Court holds that no substantial question of law arises under Section 100 CPC when findings of fact are based on evidence and not perverse.

The case involves a property dispute between two brothers, Gulab (plaintiff) and Ajab (defendant no.2), over a building constructed on Municipal Plot ...

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Bombay High Court Dismisses Second Appeal in Suit for Possession Based on Title — Concurrent Findings of Fact Not Interfered With. Court upholds that a co-owner can sue for possession without impleading other co-owners and that adverse possession cannot be claimed against a co-owner.

The case involves a second appeal filed by the original defendants against the concurrent decrees of the trial court and first appellate court in a su...

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Bombay High Court Converts Murder Conviction to Culpable Homicide Not Amounting to Murder in Domestic Assault Case. Appellant-wife convicted under Section 304(II) IPC for causing death of husband during sudden quarrel, reducing sentence from life to six years.

The appellant, Smt. Parvati Nandkishore Taksalkar, was convicted by the Additional Sessions Judge, Greater Mumbai, for the offence punishable under Se...

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Bombay High Court Dismisses Judgment Debtor's Petition Challenging Execution Orders in Eviction Decree — Decree Holders Entitled to Possession After 15 Years of Litigation Up to Supreme Court.

The case involves a dispute over execution of a decree for possession of an open piece of land admeasuring 1280 square feet out of Nazul Plot No. 9 in...

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High Court of Karnataka Dismisses Petition to Quash Section 138 NI Act Complaint Against Director for Insufficient Averments. Director Issued Cheque Towards Company Loan, Dishonoured Due to Insufficient Funds, Court Finds Prima Facie Case.

The petitioner, Sri Nabhiraj, a director of Aztec Digitals Private Limited, filed a criminal petition under Section 482 of the Code of Criminal Proced...

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High Court of Karnataka Quashes Transfer Order in Probate Case Due to Lack of Jurisdictional Reasoning. Transfer of probate proceedings from District Court to jurisdictional Court set aside as the order failed to specify the transferee court and lacked application of mind.

The petitioner, Smt. Rathi Devi D.S., was the plaintiff in probate proceedings originally numbered P&SC.No.107/2012, later re-numbered as O.S.No.10001...

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High Court of Karnataka Allows Daughter's Partition Appeal Against Brother and Mother, Holding Father's Properties as Self-Acquired and Not Ancestral. Daughter Entitled to Equal Share Under Section 8 of Hindu Succession Act, 1956 as Will Not Proved.

The appellant, M. Shobha, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree date...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Will dated 27-05-1985 held not binding on plaintiff as it was not proved to be the last will of the testator.

The present appeal arises from a judgment and decree dated 06-12-2013 passed by the XXVIII Additional City Civil Judge at Mayo Hall Unit, Bangalore, i...