Search Results for "Constructive possession"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Constructive possession"

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High Court

High Court of Karnataka Quashes Mutation Orders in Favor of Daughter in Succession Dispute — Mutation Entries Do Not Confer Title and Must Be Based on Possession or Legal Right. The court held that revenue authorities must consider actual possession and validity of documents before ordering mutation under the Karnataka Land Revenue Act, 1964.

14 Nov 2018

The petitioner, N.D. Vanamala, a widow, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnata...

High Court

Bombay High Court Allows Petition Challenging Revenue Minister's Order Setting Aside Mutation Entry Based on Gift Deed Under Mohammedan Law. Court holds that oral gift with delivery of possession is valid under Mohammedan law and revenue authorities can incidentally determine religious faith for mutation purposes.

30 Aug 2024

The petitioner, Rajiv S. Somani, claimed ownership of a beach house and undivided share in lands at Alibaug based on a gift deed dated 21st November 2...

High Court

Bombay High Court Dismisses Petitions Challenging Lease of Trust Property by Trustees, Upholding Validity of Lease Under Section 36 of Bombay Public Trusts Act, 1950. Court holds that trustees have power to lease trust property for a term exceeding one year with sanction of Charity Commissioner, and that the lease in question was validly granted.

30 Nov -0001

The judgment involves two writ petitions filed in the Bombay High Court. The first petition (WP No. 1486 of 1994) was filed by M/s. N.D. Construction,...

Supreme Court

CIVIL APPEAL NO. 7370 OF 2026

1 Jan 1970

The present Civil Appeal arises from a suit for declaration of ownership of agricultural properties based on a Will dated 20.04.2018, allegedly execut...

High Court

Bombay High Court Allows Second Appeal in Mesne Profit Case — Landlord Entitled to Future Mesne Profits Despite Decree Silence. Court holds that omission to award future mesne profits in eviction decree does not bar separate proceedings under Order 20 Rule 12 CPC.

17 Oct 2025

The present Second Appeal arises out of a judgment and decree dated 03.10.2022 passed by the learned District Judge-1, Bhandara in Regular Civil Appea...

High Court

Bombay High Court Dismisses Appeal in Inventory Proceedings — Prescription Under Portuguese Civil Code Does Not Bar Co-Heir's Right to Seek Inventory After 30 Years. The Court held that the right to seek inventory is imprescriptible and can be exercised at any time by a co-heir, as it is a right to partition and not a right to claim ownership against another co-owner.

17 Sep 2020

The case involves a dispute between a brother and sister over the estate of their mother, who died in 1979. The sister, Monica Sinai Rataboli, initiat...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Declares Adopted Son's Alienations Not Binding on Widow's Share. Hindu Succession Act, 1956 Sections 14 and 6 applied to protect widow's pre-existing right of maintenance and partition.

12 Mar 2024

The case involves a second appeal by the legal heirs of the original plaintiff, Housabai, against the judgment and decree of the 3rd Additional Distri...

High Court

Bombay High Court Allows Revision Against Rejection of Obstruction Application in Execution Proceedings — Emphasizes Mandatory Inquiry Under Order 21 Rule 97 CPC. Third Party Claimants Entitled to Full Inquiry Before Executing Court When They Assert Possession and Interest in Decree Property.

21 Dec 2023

The case involves a civil revision application filed by Indubai D. Kothawale and others (the applicants) challenging an order dated 16 October 2023 pa...

High Court

Madras High Court Dismisses Second Appeal in Obstruction Application, Upholds Execution Court's Order. Pendente Lite Purchaser Cannot Raise Defense of Bonafide Purchaser; Decree Against Vendor Binds Subsequent Purchaser.

28 Apr 2026

The second appeal arose from execution proceedings in a suit for declaration of title and recovery of possession. The respondent Balan had filed O.S.N...

High Court

Bombay High Court Nagpur Bench Considers Second Appeal in Partition Suit Involving Joint Family Property and Competing Claims Under Two Wills. The Court Examines the Effect of a Prior Family Settlement and Memorandum of Partition on the Plaintiff’s Right to a Share in the Estate of the Deceased Female Coparcener.

4 Apr 2016

Background — The dispute concerned joint family properties left by Jethmalji, who died in November 1956, survived by his widow Smt. Heerabai and ste...

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