Search Results for "Constructive possession"

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Bombay High Court Dismisses Second Appeal in Property Suit for Declaration of Ownership and Possession — Concurrent Findings of Fact Not Disturbed. Sale deed of 1972 held not proved due to lack of execution and attestation evidence, and suit barred by limitation under Article 65 of Limitation Act, 1963.

The appellant-plaintiff, Mirabai Ramasare Pardeshi (since deceased, represented by legal representatives), filed Special Civil Suit No. 1853 of 1996 s...

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Bombay High Court Quashes Second Criminal Complaint in Partnership Dispute Due to Settlement of First Complaint — Principle of Constructive Res Judicata Under Section 300 CrPC Applied. Second Complaint on Same Cause of Action Held Not Maintainable as Abuse of Process of Court.

The petitioners, Kamlesh and Ankur Mehta, and respondent no.2, Rajanand Sarde, entered into a partnership on 29th January 2004 to manufacture self-net...

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High Court Hears Appeal and Cross-Objections Against Dismissal of Declaration Suit. Suit Filed by Brother of Deceased Religious Head for Declaration of Ownership of Property Allotted in 1952, Dismissed by Trial Court.

This Regular First Appeal and cross-objections arise from the judgment and decree dated 9 September 2005 passed by the Principal City Civil and Sessio...

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"Bombay High Court Dismisses Tenant’s Revision Application: Upholds Eviction for Failure to Pay Rent and Unauthorized Alterations" "Tenants cannot deny landlord’s title without surrendering possession: Legal heirs of Kashinath Kolwankar lose final appeal."

Civil revision application filed by the legal heirs of the deceased Kashinath Ramchandra Kolwankar, challenging the eviction decree passed by the Appe...

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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

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High Court of Bombay Heard Appeal Against Dismissal of Widow's Partition Suit. Court Examined Claim of Absolute Ownership Under Section 14(1) Hindu Succession Act and Entitlement Under Jamkhandi State Act.

The dispute pertained to the joint Hindu family estate of Sir Parshuram Bhau Patwardhan, the erstwhile ruler of Jamkhandi, who died in 1924. His secon...

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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...