Search Results for "women's property rights"

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Supreme Court Upholds Concurrent Findings in Property Dispute Involving Customary Adoption of Gharjamai. Custom of Gharjamai recognized as valid under local tribal customs, and concurrent findings of fact not interfered with under Article 136.

The case involves a property dispute among members of the Oraon tribe in Jharkhand. The original plaintiff, Sukhu Oraon (grandson of the original Sukh...

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Bombay High Court Allows Revision in Eviction Case Due to Lack of Proper Service of Notice Under Section 106 of Transfer of Property Act, 1882. Notice sent by UPC without acknowledgment due was held insufficient to terminate tenancy.

The revision application was filed by the applicant (defendant No.2) against the judgment and decree dated 4th May 2022 passed by the Appellate Bench ...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession Over Suit Property.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Court dismissing their...

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Karnataka High Court Allows Partition Appeal by Divided Son in Hindu Joint Family Property Dispute. Son who separated from father prior to 1956 is entitled to share in ancestral property as per Mitakshara law and Hindu Succession Act, 1956.

The case involves two regular first appeals (RFA No.100007/2014 and RFA No.100028/2014) arising from a common judgment and decree dated 25.10.2013 pas...

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Supreme Court Allows Appeal in Gift Deed Condition Case — Sale Deeds Void Due to Restraint on Alienation. Condition in Gift Deed That Donee Cannot Alienate Property Is Valid and Binding, Making Subsequent Sales Void.

The appeal arose from a suit filed by the plaintiffs, sons of defendant No.1, seeking declaration of ownership and to set aside sale deeds executed by...

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Supreme Court Reviews Its Own Guidelines on Arrest and Anticipatory Bail Under SC/ST Act. Directions Requiring Preliminary Enquiry and Approval for Arrest Quashed as Legislative Overreach, but Anticipatory Bail Direction Upheld.

The Union of India filed a review petition against the Supreme Court's judgment dated 20.3.2018 in Criminal Appeal No.416 of 2018, which had issued gu...

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Bombay High Court Quashes Human Rights Commission Order Directing Allotment of Flat by MHADA. Commission lacks jurisdiction to adjudicate proprietary rights under the Protection of Human Rights Act, 1993.

The petitioner, Maharashtra Housing and Area Development Authority (MHADA), a statutory authority for housing development in Maharashtra, challenged a...