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Bombay High Court Considered Challenge to Family Court Order Rejecting Amendment in Divorce Petition Under Article 227. The Core Issue Was Whether Post-Trial Amendment Seeking Property Sale Relief Constituted a Bar under Order VI Rule 17 CPC and Changed the Suit's Nature.

The Bombay High Court heard a writ petition under Article 227 of the Constitution of India challenging an order of the Family Court, Mumbai, which had...

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High Court of Karnataka Dismisses Regular Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Agreement to Sell Dated 09.01.2012 Proved, Readiness and Willingness Established, and Limitation Issue Rejected.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the defendants (appellants) against the ju...

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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Trial and First Appellate Court Upheld. Agreement of Sale Proved by Plaintiff, Defendants Failed to Discharge Burden of Proof Under Section 16(c) of Specific Relief Act, 1963.

The appellants (defendants) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgments...

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Bombay High Court Allows Appeal in Tenancy Dispute — Section 32M Certificate Conclusive Proof of Ownership. Certificate issued under Section 32M of Bombay Tenancy and Agricultural Lands Act, 1948 is conclusive evidence of tenant's purchase and civil court cannot ignore it.

The appellant, Pushpalata Narayan Thorbole, filed a second appeal against the judgment and decree dated 1.4.2014 passed in Regular Civil Appeal No. 14...

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Gujarat High Court Dismisses Revision Against Succession Certificate Granted to Widow and Children in Summary Proceeding Under Indian Succession Act. Concurrent findings of fact on validity of marriage cannot be interfered with under Section 115 CPC in absence of jurisdictional error or perversity.

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 read with Section 384(1)(3) of the Indian Succession Act...

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Bombay High Court Dismisses Daughter-in-Law's Appeal Against Eviction Decree in Property Dispute. Court Holds That Daughter-in-Law Has No Independent Right to Reside in Father-in-Law's Self-Acquired Property After Husband's Death, Upholding Trial Court's Decree for Mandatory Injunction.

The appellant, Jagruti K. Thakar, was the original defendant No.1 in a suit filed by her father-in-law, Dhanubhai Thakar (respondent No.1), seeking a ...

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Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

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Supreme Court Dismisses Revenue's Appeal in Income Tax Assessment Nullity Case Due to Amalgamation. Assessment in Name of Non-Existent Entity Held Void Despite Participation by Successor Company.

The Supreme Court dismissed the appeal filed by the Revenue against the judgment of the Delhi High Court which had upheld the Income Tax Appellate Tri...