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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.

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

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Supreme Court Allows Appeal of Commissioner of Customs in Central Excise Case — CESTAT Order Set Aside for Non-Application of Mind. Processing of Cotton Fabrics with Aid of Power Without Following Excise Procedures Constitutes Manufacture Under Section 2(f) of Central Excise Act, 1944.

The case involves an appeal by the Commissioner of Customs, Central Excise & Service Tax, Rajkot against an order of the Customs, Excise and Servi...

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Bombay High Court Dismisses Petition Challenging Order Under Section 26 of Domestic Violence Act in Divorce Proceedings. Application Under Section 26 of DV Act Held Maintainable in Civil Suit for Divorce, and Appeal Under Section 29 Lies to Sessions Court Against Order of Civil Court.

The petitioner, Shri Narayan Babi Salgaonkar, a police constable, filed a Criminal Writ Petition before the Bombay High Court at Goa challenging an or...

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High Court of Karnataka Dismisses Revision Petition Against Family Court Order Setting Aside Exparte Divorce Decree. Order IX Rule 13 CPC Held Applicable to Family Courts Despite Section 19 of Family Courts Act.

The petitioner-husband, Eknath, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging an order date...

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Bombay High Court Considers Writ Petitions Challenging Family Court’s Refusal to Appoint Commissioner for Partition of Matrimonial Property and Denial of Injunction Against Husband’s Entry. Issues Involve Interpretation of Joint Ownership and Rights Under Hindu Marriage Act, 1955.

The dispute arose from a marital discord between Sumit Vijay Kumar (husband) and Shraddha Gupta (wife), both working professionals married in 2011. Th...

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Bombay High Court Quashes Detention Order in MPDA Case Due to Lack of Subjective Satisfaction and Unexplained Delay. Preventive detention order set aside as detaining authority failed to establish live-link between alleged activities and public order disturbance.

The petitioner challenged a detention order passed under the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA Act) and its subsequent ap...

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Supreme Court Allows Appeal in Res Judicata Case — High Court Erred in Dismissing Second Appeal Without Considering Substantial Question of Law. The suit for declaration of title and possession was not barred by res judicata as the earlier suit did not adjudicate the rights of co-defendants.

The plaintiff-appellant, Har Narayan Tewari, filed Title Suit No.9/89 for declaration of title and possession over 0.30 acres of land (0.12 acres of P...

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Bombay High Court Dismisses Petition for Compassionate Appointment Due to Inordinate Delay. Application Filed 13 Years After Employee's Death and 3 Years After Attaining Majority Rejected as Time-Barred Under Revised Guidelines.

The petitioner's mother, a Junior Clerk at the District Court, died in a road accident on 23-12-2007. The petitioner was 7 years old at that time. Aft...