Search Results for "Partition deed"

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Gujarat High Court Quashes Appointment of Court Commissioner in Partition Suit for Lack of Notice to Defendant. Appointment of Commissioner under Order 26 Rule 9 CPC for collecting evidence of possession is impermissible without hearing the affected party.

The petitioner, Hemantkumar Chandrakant Gaywala, original defendant No.4, filed a Special Civil Application under Article 227 of the Constitution of I...

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High Court of Bombay Disposes of Writ Petition Concerning Stop-Work Notice for Construction Project. Dispute Centered on Measurement of Land and Prior Court Order Permitting Construction at Developer's Own Risk.

The litigation concerns a construction project undertaken by M/s.Shantai Group, a builder-developer partnership firm, in Pimpri-Chinchwad, Pune. The d...

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Bombay High Court Quashes Stamp Duty Reassessment Order Due to Violation of Natural Justice and Non-Application of Mind. Collector's order set aside for failing to consider petitioner's objections and relying on unsubstantiated ready reckoner rates without providing opportunity of hearing.

The petitioner, Crystal Construction Company, challenged an order dated 16 September 2021 passed by the Collector of Stamps, Andheri, which adjudicate...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Upheld. Tenant at will cannot claim adverse possession; suit for possession based on title is not barred by limitation under Article 65 of the Limitation Act, 1963.

The present second appeal arises from a suit for permanent injunction and possession filed by the original plaintiffs (now respondents) against the de...

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Bombay High Court Dismisses Appeal in Partition Suit, Upholds Single Judge's Refusal of Interim Relief. Court holds that property acquired by siblings after father's insolvency cannot be presumed to be joint family property without evidence of joint funds or common business.

The appeal arose from a judgment of a learned Single Judge dated 27 August 2013 dismissing a motion for interim relief in a suit for partition. The ap...

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Bombay High Court Dismisses Application for Rejection of Plaint in Adoption and Inheritance Dispute. Court holds that the plaint discloses a cause of action and raises triable issues regarding adoption and limitation, warranting a full trial.

The plaintiff, Usha Ramrao Bhojane, filed a suit seeking a declaration that she is the adopted daughter of the late Laxman Shegaonkar and the late Yam...

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High Court of Karnataka Decides Revenue's Wealth Tax Appeals Involving Definition of 'Assets'. The Appeals Challenge ITAT Orders Regarding Assessment Years 1999-2000 to 2004-05 under Section 2(ea) of Wealth Tax Act, 1957.

The High Court of Karnataka heard a batch of Wealth Tax Appeals filed by the Revenue under Section 27-A of the Wealth Tax Act, 1957, against the order...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholding Joint Family Property Claim. Jointness Established Despite Gram Panchayat Record in Defendant's Name, Based on Evidence of Joint Residence and Joint Transactions.

The dispute arose between two real brothers, plaintiff-respondent no.1 and appellant-defendant no.1, over a house constructed on a plot in Newasa. Pla...