Search Results for "declaration under Section 126"

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Bombay High Court Dismisses Daughter's Appeal in Property Dispute, Upholds Eviction Decree. Daughter's claim of ownership and tenancy rights in suit flat rejected as she failed to prove independent title or landlord's consent.

The case involves two appeals arising from property disputes over Flat No. 9, Matru Chhaya Building, Marine Drive, Mumbai. The appellant, Ms. Smita P....

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Bombay High Court Dismisses Daughter's Appeal in Property Dispute, Upholds Eviction Decree. Daughter's claim of ownership and right to reside in suit flat rejected as she failed to prove independent title or adverse possession against parents.

The case involves two appeals arising from property disputes between a daughter, Ms. Smita P. Doshi, and her parents, Mr. Pravinchandra H. Doshi and M...

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Karnataka High Court Allows Partition Appeal by Divided Son in Hindu Joint Family Property Dispute. Son who separated from father prior to 1956 is entitled to share in ancestral property as per Mitakshara law and Hindu Succession Act, 1956.

The case involves two regular first appeals (RFA No.100007/2014 and RFA No.100028/2014) arising from a common judgment and decree dated 25.10.2013 pas...

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Bombay High Court Dismisses Landowners' Petition for Enhanced Compensation in Land Acquisition Case. Market Value Determination Based on Previous Awards and Sale Instances Upheld Under Section 23 of Land Acquisition Act, 1894.

The judgment involves two writ petitions arising from land acquisition proceedings for a public purpose. The petitioners in Writ Petition No.2932 of 2...

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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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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Partnership Retirement Dispute. The Court Examines Whether the Arbitrator Erred in Rejecting Petitioners' Claims and Imposing Costs Under the Arbitration and Conciliation Act, 1996.

Background: The dispute arose out of a partnership firm, M/s. Prospective Traders, constituted in 1977 by three family trusts. In 1985, the petitioner...