Search Results for "Partition Suit"

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Supreme Court

Supreme Court Allows Wife's Appeal in DV Act Case, Directs Husband to Pay ₹65 Lakhs as Permanent Settlement. Court upholds wife's right to alternative accommodation under Section 12 of the Protection of Women from Domestic Violence Act, 2005, and converts rental order into lump sum payment.

7 Feb 2020

The case involves a dispute under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The appellant, Neelam Gupta, married Mahipal Shar...

Supreme Court

Supreme Court Allows Appeal in Partition Suit, Restores Concurrent Findings of Courts Below. High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence on Legal Necessity and Antecedent Debt.

9 May 2019

The present appeal arises from a partition suit filed by the original plaintiff, Rengan Ambalam, seeking a 1/3rd share in joint family properties, par...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholds Concurrent Findings of Trial Court and High Court. Property Purchased in Wife's Name Held to be Joint Family Property Based on Evidence of Contribution from Husband's Ancestral Funds.

9 May 2019

The case involves a partition suit filed by Rajeswari and others (plaintiffs) against Mangathai Ammal and others (defendants) concerning properties cl...

Supreme Court

Supreme Court Allows Appeal in Partition Suit: Time Spent in Order IX Rule 13 Proceedings Can Constitute Sufficient Cause for Condonation of Delay in Filing Appeal Under Section 96(2) CPC. The Court held that the right of appeal under Section 96(2) CPC is a statutory right and cannot be barred by dismissal of an application under Order IX Rule 13 CPC, and that time spent in pursuing such proceedings can be considered sufficient cause under Section 5 of the Limitation Act, 1908.

7 May 2019

The Supreme Court allowed the appeal filed by Bhivchandra Shankar More against the judgment of the Bombay High Court which had refused to condone the ...

Supreme Court

Supreme Court Allows Appeal in Partition Suit: High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence. The Court restored concurrent findings of trial court and first appellate court dismissing suits for partition and injunction.

1 May 2019

The Supreme Court considered appeals against a common judgment of the Madras High Court which, in exercise of its second appellate jurisdiction under ...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholds Finding That Properties Were Self-Acquired by Sons, Not Benami. Benami Transactions (Prohibition) Act, 1988 Held Retroactive, Barring Claim Based on Benami Nature.

9 Apr 2019

The present appeal arises from a partition suit filed by Smt. P. Leelavathi (since deceased, represented by legal heirs) against her brothers, the ori...

Supreme Court

Supreme Court Allows Impleadment of Daughter in Partition Suit as Necessary Party Under Order 1 Rule 10 CPC. Daughter Claiming Share as Class I Heir Under Hindu Succession Act Must Be Impleaded in Suit Affecting Parents' Properties.

9 Apr 2019

The Supreme Court allowed an appeal against the rejection of an impleadment application. The background involves a 1966 suit for partition filed by a ...

Supreme Court

Supreme Court Allows Appeal, Rejects Plaint in Gift Deed Challenge Due to Limitation Bar. Registered Gift Deed Executed in 1981 Challenged After 22 Years; Suit Held Barred by Article 59 of Limitation Act, 1963.

26 Feb 2019

The Supreme Court allowed the appeal filed by the original defendant, Raghwendra Sharan Singh, against the judgment of the Patna High Court which had ...

Supreme Court

Supreme Court Allows Appeal Against High Court's Order Allowing Amendment of Plaint in Partition Suit. Amendment Sought After Trial Was Almost Over, Held Unnecessary and Belated Under Code of Civil Procedure, 1908.

25 Feb 2019

The appeal arose from a partition suit filed by respondent No.1 (plaintiff) in the City Civil Court, Ahmedabad, in 1990. The plaintiff sought amendmen...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Amendment Application in Partition Suit — Belated and Mala Fide Amendment Sought After Trial Concluded. The Court held that an amendment under Order VI Rule 17 CPC after trial commenced requires proof of due diligence, and the proposed amendment would change the nature of the suit and cause prejudice.

14 Feb 2019

The appellant, M. Revanna, was Plaintiff No. 1 in a suit for partition and separate possession of joint family properties filed in 1993. The suit was ...

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