Search Results for "Partition deed"

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Search Results for "Partition deed"

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High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint in Partition Suit — Court Holds That Rejection of Plaint Under Order 7 Rule 11 CPC Is Not a Decree and Therefore Not Appealable Under Section 96 CPC, but a Revision Lies Under Section 115 CPC.

29 Nov 2017

The petitioners, original defendants in a suit for partition and permanent injunction, challenged the order of the Civil Judge Senior Division, Ahmedn...

High Court

Madras High Court Quashes Revenue Order in Land Dispute Due to Violation of Natural Justice — Directs Fresh Consideration After Hearing Petitioner. Failure to provide notice and opportunity of hearing before cancelling patta and ordering eviction renders order illegal under principles of natural justice.

22 Jan 2025

The petitioner, Sugumaran, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to quash the...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit for Lack of Proof of Joint Family Property. Court holds that the burden to prove that property is joint family property lies on the party asserting it, and mere joint family status does not create a presumption.

20 Dec 2019

The case involves a partition suit filed by the appellants (plaintiffs) claiming that the suit schedule properties are joint family properties of the ...

Supreme Court

Court directed to be considered by the state within six months from the date of the order, granting the respondents the liberty to challenge the decision on the renewal application

10 May 2024

Lease agreement for a property in Orissa, initially granted in 1905 and renewed in 1944 for a period of 30 years. Following the expiration of the rene...

Supreme Court

Supreme Court Hears Reference on Interpretation of Section 9A CPC (Maharashtra Amendment) — Jurisdiction Includes Limitation. The court examines whether the expression 'jurisdiction of the Court to entertain such suit' under Section 9A includes the issue of limitation, doubting the correctness of Foreshore Cooperative Housing Society v. Praveen D. Desai.

4 Oct 2019

The Supreme Court considered a reference made by a Division Bench doubting the correctness of the decision in Foreshore Cooperative Housing Society Li...

High Court

High Court of Karnataka Dismisses Civil Revision Petitions Challenging Interlocutory Orders Rejecting Applications Under Order VII Rule 11 CPC in Commercial Suit. Revisions Under Section 115 CPC Barred by Section 8 of Commercial Courts Act, 2015 and Counterclaim Against Co-Defendant Maintainable if It Concerns Plaintiff’s Rights.

25 Nov 2025

The High Court of Karnataka dealt with two civil revision petitions arising out of commercial suits filed by HDFC Bank Ltd. (plaintiff) against a borr...

High Court

Bombay High Court Dismisses Petition Challenging Arbitration Award in Partnership Dispute — Upholds Validity of Award Based on Partnership Deed and Evidence. Court Held That Arbitrator's Findings on Dissolution and Accounts Were Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

10 Jul 2026

The petitioner, Vinod Kumar Saraf, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award date...

High Court

High Court of Karnataka Kalaburagi Bench Considers Second Appeal in Suit for Permanent Injunction, Frames Substantial Questions of Law Regarding Pleadings and Title Dispute

9 Dec 2021

This Regular Second Appeal arose out of an original suit for permanent injunction in a property dispute. The plaintiff claimed ownership and possessio...

Supreme Court

Supreme Court Upholds Customary Right to Mutawalli Office in Kerala Mosque Case — High Court's Revisional Jurisdiction Not Exceeded. Customary Right to Religious Office Requires Specific Pleading and Proof, Which Respondents Successfully Established Through Documentary Evidence Including Gazette Notification and Wakf Register.

1 Aug 2019

The Supreme Court dismissed three civil appeals challenging the judgment of the Kerala High Court which decreed that the office of mutawalli of the An...

Supreme Court

Supreme Court Upholds Customary Right to Office of Mutawalli in Public Waqf Mosque — Revisional Jurisdiction Not Exceeded. Customary right to office of mutawalli of Andrott Jumah mosque held by Pattakal family based on descent from first mutawalli, supported by statutory Wakf records and absence of contrary evidence.

1 Aug 2019

The dispute pertains to the office of mutawalli (manager) of the Andrott Jumah mosque in Lakshadweep, a public waqf. The respondents, members of the P...

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