Search Results for "present demise"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...

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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...

Supreme Court

Supreme Court Allows Partition Appeal in Thiyya Family Dispute — Presumption of Marriage and Legitimacy Upheld Based on Long Cohabitation. Law leans in favour of legitimacy and frowns upon bastardy; presumption under Section 114 of Indian Evidence Act, 1872 arises from long cohabitation and is rebuttable only by clear evidence.

13 Jun 2022

The case involves a dispute over partition of ancestral property belonging to a Thiyya family governed by Mitakshara law. The appellants (plaintiffs) ...

Supreme Court

Supreme Court Upholds Employee in Disability Act Promotion Dispute Despite Compassionate Appointment. Reservation in Promotion Under Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Applies Irrespective of Initial Appointment Mode, Including Compassionate Grounds, as per Sections 32 and 33 and Judicial Precedent.

28 Jun 2021

The dispute centered on the promotion rights of a person with disability under the Persons with Disabilities (Equal Opportunities, Protection of Right...

Supreme Court

Supreme Court Allows Appeal in Family Property Dispute Over Compromise Decree Registration. Compromise Decree Arising from Family Settlement Does Not Require Compulsory Registration Under Section 17(2)(vi) of Registration Act, 1908, as Parties Had Pre-existing Rights as Heirs.

6 Jul 2021

The dispute involved two sons of late Vijendra Singh contesting ownership of ancestral land. The appellant filed a suit for possession in 1978, disput...

Supreme Court

Supreme Court Allows Insurance Company's Appeals Against Continuing Directions in Motor Accident Compensation Cases. The Court held that compensation under the Motor Vehicles Act, 1988 must be determined as a lump sum at one go, not through perpetual mandates for prosthetic limb maintenance or attendant charges, as future expenses should be quantified based on fair guesswork in the final award.

3 Aug 2021

The Supreme Court addressed two civil appeals filed by an insurance company challenging High Court orders that imposed continuing directions in motor ...

Supreme Court

Supreme Court Allows Mother's Appeal in NRI Child Custody Dispute — Best Interest of Child Requires Full Hearing Before Return. The Court set aside the High Court's order for immediate return of children to the US, directing the Family Court to decide custody based on welfare, not merely on comity or habitual residence.

15 Mar 2019

The case involves a custody dispute between Lahari Sakhamuri (mother/appellant) and Sobhan Kodali (father/respondent) over their two minor children, b...

High Court

Bombay High Court Allows Writ Petition in Property Injunction Dispute — Upholds Trial Court's Order Restraining Alienation of Suit Property. Court Holds That Appellate Court Erred in Reversing Temporary Injunction Without Considering Prima Facie Case and Balance of Convenience Under Order 39 Rules 1 and 2 of CPC.

10 Apr 2024

The petitioner, Harshwardhan Dhanaji Patil, filed a writ petition challenging the judgment and order dated 30.10.2023 passed by the learned District C...

High Court

Bombay High Court Dismisses Revision Against Rejection of Discharge in Disproportionate Assets Case — Accused Family Members Must Face Trial for Abetment Under Section 109 IPC. The court held that the explanation regarding source of funds was unsatisfactory and a prima facie case existed under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988.

6 Jun 2023

The case arises from a criminal revision application filed by Smt Chhaya Yuvaraj Dahiwal (accused No.1) and Mr Sourabh Yuvaraj Dahiwal (accused No.2) ...

High Court

Bombay High Court Acquits Appellant in POCSO Case Due to Unproven Age — Benefit of Doubt Given as Prosecution Failed to Establish Minority of Prosecutrix Beyond Reasonable Doubt Under Sections 4, 6 of POCSO Act and Sections 363, 376 IPC.

10 Jul 2023

The appellant, Ashik Ramjan Ansari, was convicted by the Special Judge at Greater Bombay in POCSO Special Case No.203 of 2016 for offences under Secti...

High Court

Bombay High Court Allows Landlords' Revision in Eviction Suit Against Trespassers Claiming Tenancy Inheritance. Tenancy ceases on death of tenant; respondents not legal heirs under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

3 Nov 2023

The case involves a civil revision application filed by the landlords (petitioners) against the judgment and decree of the First Appellate Court in Ci...

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