Search Results for "Hindu family partition"

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Search Results for "Hindu family partition"

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High Court

Bombay High Court Allows Second Appeal in Muslim Divorce Case — Civil Court Cannot Grant Maintenance and Matrimonial Property Relief in Suit Under Dissolution of Muslim Marriages Act, 1939. Held that reliefs of maintenance and share in jointly owned property are not ancillary to divorce under Section 2 of the Act and must be pursued under separate statutory forums.

2 Aug 2018

The case involves a Second Appeal filed by the husband (appellant) against the judgment of the District Judge, Thane, which partly allowed the wife's ...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement for Sale Not a Money Lending Transaction. The court restored the trial court's decree for specific performance, holding that the lower appellate court's finding that the registered agreement for sale was a money lending transaction was perverse and based on erroneous appreciation of evidence under the Specific Relief Act, 1963.

16 Dec 2005

The appellant, Bhau Bhiku Pawar, filed a suit for specific performance of an agreement for sale dated 17th June, 1977, executed by Bapu Manu Dhane (or...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Probate Schedule by Prothonotary. Prothonotary has power to allow amendment of schedule of assets in probate proceedings under Section 317 of Indian Succession Act, 1925.

11 Oct 2013

The petitioners, Mukesh Ramanlal Gokal and Bharat Ramanlal Gokal, filed a petition under the Testamentary and Intestate Jurisdiction of the Bombay Hig...

High Court

Bombay High Court Dismisses Appeal in Partition Suit — Upholds Trial Court's Finding of No Joint Family Property. Court holds that plaintiffs failed to prove that suit properties were ancestral or joint family properties, and that the Will executed by the father was valid and binding.

30 Nov -0001

The appellants (original plaintiffs) filed a suit for partition and separate possession of properties allegedly belonging to the joint Hindu family of...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Over Sham Sale Deed — Suit for Declaration Without Seeking Cancellation of Sale Deed Held Maintainable Under Section 31 of Specific Relief Act, 1963. The Court held that a suit for declaration that a sale deed is sham and nominal does not require cancellation under Section 31 of the Specific Relief Act, 1963, as the plaintiff only seeks to declare the true nature of the document.

8 Feb 2011

The appellant-defendant challenged the concurrent findings of the trial court and first appellate court in a suit filed by the respondent-plaintiff. T...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that second appeal under Section 100 CPC cannot be entertained on questions of fact when no substantial question of law arises.

6 Nov 2025

The appellants, as plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of certain immovable property. The trial ...

High Court

Bombay High Court Allows Second Appeal in Will Dispute, Upholds Trial Court's Decree of Possession. Lower Appellate Court Erred in Rejecting Will on Grounds of Suspicious Circumstances Without Proper Scrutiny of Evidence Under Section 63 of Indian Succession Act, 1925.

4 Aug 2010

The case involves a second appeal by the original plaintiffs, Purushottam Haribhau Pijgade and Gopal Laxmanrao Pajgade, against the judgment and order...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Cancellation of Gift Deed — Plaint Not Liable to Be Rejected Under Order VII Rule 11 CPC as Fraud Allegations Require Trial. The court held that the plaint disclosed a cause of action based on fraud, and the question of limitation is a mixed question of law and fact under Article 59 of the Limitation Act, 1963.

9 Dec 2013

The revision petition was filed by the defendant (Kishan Kumar Sharma) challenging the order dated 04.04.2013 passed by the XXVIII Additional Civil Ju...

High Court

Bombay High Court Allows Widows' Petition for Succession Certificate Under Section 372 of Indian Succession Act, 1925 — Held That Widows and Minor Children of Deceased Coparceners Are Entitled to Equal Share in Joint Family Property Despite Objections by Male Coparceners.

30 Nov -0001

The petitioners, being the widows and minor children of deceased coparceners (Abhay Vithal Mandle, Raosaheb Vithal Mandle, and Baban Vithal Mandle), f...

High Court

High Court of Karnataka Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Debt Liability. Complainant Bank Failed to Establish Legally Enforceable Debt or Liability Under Section 138 of Negotiable Instruments Act, 1881.

17 Dec 2020

The appellant, Bidar Urban Co-operative Bank Ltd., filed a criminal appeal against the acquittal of the respondent, Girish Kulkarni, by the trial cour...

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