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High Court of Karnataka Dismisses Second Appeal in Declaration Suit — Concurrent Findings of Ownership Upheld. Regular Second Appeal under Section 100 CPC fails as no substantial question of law arises from concurrent findings of fact regarding title and possession.

The appellant, Somayya Belchada, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree...

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Supreme Court Dismisses Appeals in Joint Family Property Partition Dispute -- Upholds Concurrent Findings on Property Status and Invalidates Alienations and Testamentary Disposition

The Supreme Court dismissed appeals challenging concurrent findings in a partition suit involving 79 agricultural properties. The Court upheld the det...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Specific Performance — Concurrent findings of fact by trial and appellate courts cannot be interfered with under Article 227 unless perverse or without jurisdiction.

The petitioners, legal representatives of the original defendant Shankar Mahada Kardile, filed a writ petition under Article 227 of the Constitution o...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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High Court Dismisses Application Under Section 482 CrPC Against Order Releasing Seized Gold to Claimant with Superior Title, Holding Magistrates Discretion Properly Exercised. The Magistrates Conditional Interim Custody Order Was Not Final Determination and Applicant Could Seek Relief from Trial Court.

The criminal application under Section 482 of the Code of Criminal Procedure arose from a dispute over interim custody of seized gold and cash in a pe...

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Supreme Court Examines Whether Agreement to Sell Between Landlord and Tenant Terminates Tenancy Under Section 111 Transfer of Property Act. Part Payment of Consideration with Clause for Refund and Restoration of Possession Did Not Evidence Surrender or Cessation of Landlord-Tenant Relationship.

The litigation arose from a dispute over a shop premises in Pune. The original plaintiff, predecessor of the respondents, owned a shop and let it to t...

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Supreme Court Dismisses Appeal of Female Heir in Hindu Succession Dispute — Prior Partition and Sale by Coparcener Barred Claim. Daughter of Predeceased Son Had No Vested Right During Lifetime of Absolute Owner; Rule of Survivorship Inapplicable After Partition.

The appellant, Radha Bai, filed a suit for partition and possession of ancestral land in Village Barra, claiming to be the daughter of Saheblal, a pre...