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Gujarat High Court Quashes FIR in Loan Dispute — Non-Repayment of Loan Does Not Constitute Cheating or Criminal Breach of Trust Under Sections 406 and 420 IPC. Civil Nature of Dispute Leads to Quashing of Criminal Proceedings as Abuse of Process.

The applicant, Bhavinchandra Suryakant Purohit, filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure, 1973 (...

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Supreme Court Quashes Criminal Proceedings in Family Property Dispute — Allegations of Criminal Breach of Trust and Cheating Not Made Out. Transfer of Money Between Relatives Without Entrustment or Deception Does Not Attract Sections 405, 406, 415, 420 IPC.

The appeal arose from a judgment of the Karnataka High Court which rejected the appellants' petition to quash criminal proceedings initiated by the fi...

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Supreme Court Upholds Legitimacy of Child from Irregular Muslim Marriage in Partition Suit. Child born from marriage of Muslim man with Hindu woman held legitimate and entitled to inherit father's property under Muslim law.

The Supreme Court dismissed an appeal against the Kerala High Court's judgment that restored the trial court's decree in a partition suit. The dispute...

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Bombay High Court Dismisses Suit Challenging Will of Deceased as Probate Granted by Dubai Court is Conclusive Under Section 41 of Indian Evidence Act. Mother's challenge to will fails as foreign probate is binding on Indian courts regarding validity and execution of will.

The plaintiff, Dr. Devika Damji Shah, mother of the deceased Dr. Mukesh Ramji Shah, filed a suit seeking a declaration that the will of the deceased d...

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Bombay High Court Dismisses Petition for Appointment of Guardian for Elderly Litigant in Property Dispute — No Evidence of Mental Incapacity Found. Court Holds That Advanced Age Alone Does Not Justify Appointment of Next Friend Under Order XXXII Rule 15 CPC.

The dispute arose between siblings over a flat in Matru Chhaya, Marine Drive, Mumbai, inherited from their father. The respondent No.1, aged 75, was t...

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Bombay High Court Dismisses Second Appeal in Adverse Possession Claim. Appellants failed to prove hostile possession and ouster of co-owners, and concurrent findings of courts below were not perverse.

The case involves a property dispute between the appellants (legal heirs of Govind Baboni Gaonkar and Soku Govind Gaonkar) and the respondents (legal ...