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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Supreme Court Allows Appeals Against High Court Orders Interdicting Statutory Deemed Termination Under Section 5B of Mumbai Municipal Corporation Act. High Court Cannot Suspend Legal Fiction of Retrospective Termination for Failure to Submit Caste Validity Certificate Within Prescribed Period.

The Supreme Court considered two appeals arising from a common judgment of the Bombay High Court dated 02.04.2019, which had allowed writ petitions fi...

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Supreme Court Allows Appeal in Consent Decree Execution Dispute — Family Settlement Must Be Enforced to Give Fruits of Decree. Court Holds That Executing Court Cannot Nullify Consent Terms by Reading Implied Conditions; Direction Issued to Execute Letter of Allotment.

The dispute arose between two groups of family members, the PA Group (appellants) and the RA Group (respondents), over the assets of Kash Foods Privat...

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Supreme Court Upholds Father's Custody of Minor Daughter in Guardianship Dispute — Child's Welfare Paramount, Mother's Paranoid Schizophrenia and Unsubstantiated Allegations of Sexual Abuse Considered

The Supreme Court disposed of a Special Leave Petition filed by the mother (DSG) challenging an interim order of the Delhi High Court dated 26.03.2019...

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High Court Dismisses Second Appeal in Partition Suit, Upholding Custom-Based Adoption Validity. Custom Allowed Adoption Above 15 Years in Vysya Community, and Adoptee Could Not Claim Share in Natural Family Property Under Section 12(b) of Hindu Adoptions and Maintenance Act, 1956.

The dispute arose from a partition suit filed by a son who had been given in adoption in 1974 at the age of 23-24 years. The natural father died intes...

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Karnataka High Court Quashes FIR in Matrimonial Dispute Under Section 498A IPC and Dowry Prohibition Act Due to Vague Allegations. Court Holds that Filing of General and Omnibus Allegations Against Husband and In-Laws Constitutes Abuse of Process of Law Under Section 482 Cr.P.C.

The petitioners, husband and his family members (father, mother, brother), sought quashing of FIR registered at Basavanagudi Women Police Station, Ben...

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Supreme Court Allows Appeal as Indigent Person in Motor Accident Claim — Mere Entitlement to Compensation Does Not Disentitle Indigent Status. Court holds that an award holder who has not actually received compensation cannot be denied permission to appeal as an indigent person under Order XLIV CPC.

The appellant, a woman injured in a motor accident on 4th July 2010 while riding pillion on a bike hit by a truck, sustained permanent disablement and...