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Supreme Court Restores Suit in Family Partition Dispute, Sets Aside Rejection Under Order VII Rule 11 CPC.

The Supreme Court set aside the rejection of a civil suit under Order VII Rule 11 CPC arising from a family partition dispute. The cas...

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Bombay High Court Sets Aside Family Court Order Disturbing Child Custody Based on Consent Without Welfare Inquiry. The court held that a custody order under Section 8 of the Guardians and Wards Act, 1890 cannot be passed solely on consent without considering the welfare of the child.

The case involves an appeal by the father (Appellant 'A') against a Family Court order dated 15 July 2014 that disturbed the custody of his two minor ...

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Bombay High Court Allows Wife's Appeal and Sets Aside Divorce Decree in Adultery Case Due to Lack of Corroboration and Interested Witnesses. Husband's Allegations of Wife's Illicit Relationship with Three Named Persons Not Proved Beyond Reasonable Doubt Under Section 13(1)(i) of Hindu Marriage Act, 1955.

The appellant-wife challenged the judgment of the Family Court, Akola, dated 17.06.2013, which granted a decree of divorce to the respondent-husband u...

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Bombay High Court Quashes Second Criminal Complaint in Partnership Dispute Due to Settlement of First Complaint — Principle of Constructive Res Judicata Under Section 300 CrPC Applied. Second Complaint on Same Cause of Action Held Not Maintainable as Abuse of Process of Court.

The petitioners, Kamlesh and Ankur Mehta, and respondent no.2, Rajanand Sarde, entered into a partnership on 29th January 2004 to manufacture self-net...

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Bombay High Court Allows Partition Suit in Joint Hindu Family Property Dispute — Upholds Trial Court and First Appellate Court Decrees. The court held that the plaintiff proved the existence of joint family business and properties, and the suit was not barred by limitation or res judicata.

The case involves a dispute over partition of Joint Hindu Family properties. The plaintiff, Premsukh, filed a suit for partition and separate possessi...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...