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Search Results for "FDP proceedings"

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Supreme Court

Hindu Succession Act, 1956 – Adoption & Absolute Ownership – Sale and Gift Deeds – Partition & Legal Heirship – Validity of Transactions. Adoption does not divest property already vested – Absolute ownership under Section 14(1) of the Hindu Succession Act – Validity of Sale and Gift Deeds examined.

2 Jan 2025

Acts and Sections Discussed: Constitution of India, 1950 – Article 136 (Special Leave to Appeal) Code of Civil Procedure, 1908 – Order 2...

High Court

High Court of Karnataka Allows Appeals in Execution Proceedings — Auction Sale Set Aside for Non-Compliance with Order 21 Rule 95 CPC. Delivery of possession is a mandatory requirement for confirmation of sale under Order 21 Rule 95 of the Code of Civil Procedure, 1908.

22 Jul 2024

The case involves two Regular First Appeals (RFA No. 557/2016 and RFA No. 558/2016) filed under Section 96 read with Order 41 Rules 1 and 2 of the Cod...

High Court

High Court of Karnataka Allows Appeal in Partition Suit Due to Non-Service of Summons on Defendants, Remands Matter for Fresh Trial. Ex-parte decree set aside as trial court failed to ensure proper service, violating principles of natural justice under Section 96 CPC.

12 Mar 2024

The appellants, who were defendants 1 to 6 in the original suit, filed this appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Pro...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Daughter's Right to 1/6th Share in Self-Acquired Property. The court held that the suit properties were self-acquired by the mother and not ancestral, and that daughters are entitled to equal share under Hindu Succession Act, 1956.

19 Feb 2024

The case involves a Regular First Appeal filed by Defendant Nos. 1 and 5, father and son, against the judgment and decree dated 18.12.2015 passed by t...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Reopen Evidence in Partition Suit — Petitioner Failed to Demonstrate Sufficient Cause for Recalling Witness Under Order 18 Rule 17 CPC

18 Dec 2023

The petitioner, Channabasappa S/o Shivappa Hosamani, filed a writ petition under Article 227 of the Constitution of India challenging the order dated ...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Preliminary Decree. Court holds that a suit for partition is not barred by limitation when the plaintiff is in joint possession and that a co-owner can alienate only his share, not the entire property.

24 Aug 2023

The case involves a partition suit filed by the appellants (plaintiffs) seeking partition and separate possession of their share in the joint family p...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners unless there is ouster or denial of title.

24 Aug 2023

The case involves a partition suit filed by the respondents (plaintiffs) seeking partition and separate possession of joint family properties. The app...

High Court

High Court of Karnataka Allows Appeal in Declaration Suit — Minor Defendants' Rights Not Properly Represented; Remands for Fresh Consideration. The trial court's decree for declaration and injunction was set aside due to failure to appoint guardian ad litem for minor defendants under Order 32 Rule 3 CPC.

10 Jul 2018

The case involves a Regular First Appeal filed under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908, against the judgment a...

High Court

High Court of Karnataka Allows Appeal by Minor Defendants in Declaration Suit — Remands for Fresh Trial Due to Inadequate Representation. The decree for declaration and permanent injunction was set aside as the minor defendants were not properly represented by their natural guardian under Order 41 Rule 1 CPC.

10 Jul 2018

The Regular First Appeal No.1484/2003 was filed by the defendants (minors represented by their mother) against the judgment and decree dated 14.08.200...

High Court

High Court of Karnataka Quashes Cancellation of Fair Price Depot Authorization Due to Violation of Natural Justice — Petitioner's Card Holder Status Restored. Show Cause Notice Not Served on Petitioner Before Cancellation of His Card, Rendering the Order Void.

18 Sep 2014

The petitioner, Swamy, was a card holder in a fair price depot run by the 6th respondent, Smt. H.M. Bhagya. Based on a complaint by the petitioner and...

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