Search Results for "Volition"

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Search Results for "Volition"

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Supreme Court

Supreme Court Allows Appeal in Property Partition Dispute, Reversing High Court's Decision on Self-Acquired Property Status. The Court held that the High Court exceeded jurisdiction under Section 100 CPC by deciding a factual issue, and the property was self-acquired as purchased after partition using own funds, not joint family funds.

22 Apr 2025

The dispute involved a property partition suit among family members. The appellant, as Defendant No.2, purchased the suit property from Defendant No.1...

High Court

High Court of Karnataka Allows Writ Petition Challenging Rejection of Application to Produce Documents in Suit for Declaration of Ownership. Trial Court's Order Quashed for Non-Application of Mind; Liberal Approach Under Order 13 Rule 1 CPC Adopted.

30 Jan 2025

The petitioners, who are defendants in O.S. No. 38/2019 pending before the Principal Senior Civil Judge, Chikodi, filed a writ petition under Articles...

Supreme Court

Supreme Court Allows Mother's Appeal in Habeas Corpus for Disabled Adult Son, Sets Aside High Court Order for Fresh Consideration of Best Interests and Competency. The court held that the High Court must conduct a proper inquiry into the mental capacity and best interests of a disabled adult before dismissing a habeas corpus petition, and must give comity to a foreign guardianship order.

15 Jan 2025

The case concerns a custody dispute over Aadith Ramadorai, a 22-year-old US citizen with Ataxic Cerebral Palsy, between his mother (appellant) and fat...

High Court

Bombay High Court Allows Refund of IGST Paid on Exported Goods Despite Claim of Higher Drawback Rate. Petitioner entitled to refund of IGST under Section 16(3)(b) of IGST Act read with Section 54 of CGST Act and Rule 96 of CGST Rules, as selection of higher drawback column does not disentitle refund.

26 Aug 2024

The petitioner, Kunal Housewares Private Limited, exported stainless steel household articles in July, August, and September 2017. The petitioner paid...

Supreme Court

Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

9 Jul 2024

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

Supreme Court

Supreme Court Reviews Remand Authority in Mumbai Slum Redevelopment Dispute. Key Decision on Appellate Powers and Arbitral Award Validity in Complex Multi-Party Case

8 Jul 2024

The Supreme Court is addressing appeals concerning a High Court judgment on a slum redevelopment project in Mumbai. The case involves various parties,...

Supreme Court

Supreme Court Dismisses Employee's Appeal in Resignation Withdrawal Case Under Maharashtra Universities Act, 1994. Withdrawal of Prospective Resignation Barred by Implied Contract and Estoppel as Correspondence Showed Mutual Agreement Making Resignation Final and Binding.

20 Feb 2024

The appeal arose from a dispute over the withdrawal of a prospective resignation submitted by an employee before its effective date. The appellant, an...

Supreme Court

Supreme Court Dismisses Civil Appeal in Property Dispute Involving Settlement Deeds and Limitation. Vested Interest Under Transfer of Property Act, 1882, Section 19 Upheld, with Suit Not Barred by Limitation Under Limitation Act, 1963, Article 65.

13 Feb 2024

The dispute originated from a series of settlement deeds executed in 1947 and 1952 by Thayammal, involving property rights granted to her sons and dau...

Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

High Court

Bombay High Court Allows Petition to Declare Resignation Effective from Date of Tender in Standing Committee Membership Dispute. Resignation from Standing Committee takes effect from date of tender when accepted unconditionally, not from date of acceptance.

23 Oct 2020

The petitioner, Deepak Umakant Mathpati, Chairman of the Standing Committee of Latur Municipal Corporation (LMC), filed a writ petition seeking a decl...

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