Search Results for "declaration void"

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Bombay High Court Dismisses Appeal Against Remand Order in Property Suit — Trial Court's Judgment Set Aside for Failure to Frame Issues and Consider Evidence. Lower Appellate Court's Remand Under Order 41 Rule 23 CPC Upheld as Proper Exercise of Power to Prevent Failure of Justice.

The case involves a property dispute over land Survey No. 50 admeasuring 26 acres 4 gunthas situated at village Asadullabag. The original plaintiff, K...

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Bombay High Court Dismisses Revision Against Rejection of Inquiry into Valuation and Court Fees in Suit for Declaration of Sale Deed as Void. Court Held That Section 8 of Maharashtra Court-Fees Act, 1959 Confers Discretion on Trial Court to Inquire into Valuation, Not a Mandatory Duty.

The case arises from a civil suit filed by the plaintiff (respondent No.1) seeking a declaration that a sale deed of suit property is void, illegal, a...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Concurrent Findings on Readiness and Willingness. Agreement for Sale of Land Executed in 1975, Suit Filed in 1985, Dismissed as Time-Barred and for Failure to Prove Continuous Readiness.

The respondent no.1/plaintiff, a cooperative housing society, filed a suit for specific performance of an agreement for sale of land dated 30.1.1975, ...

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Bombay High Court Dismisses Second Appeals in Property Dispute — Concurrent Findings of Fact Upheld. No substantial question of law arose as the appellant failed to prove title and possession over suit land.

The appellant, Bajirao Ramchandra Shelar, filed two second appeals (Second Appeal No.494 of 1990 and Second Appeal No.495 of 1990) against the judgmen...

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Madras High Court Allows Second Appeal in Partition Suit — Settlement Deed by Mother Without Legal Necessity Not Binding on Joint Family Property. Property Purchased by Father in Mother's Name Presumed to be Joint Family Property Under Hindu Law.

The plaintiffs, legal heirs of M.Annaiah, filed a suit for partition of three items of property and for declaration that a Settlement Deed dated 28.04...

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Bombay High Court Allows Revision Against Order Returning Plaint in Property Dispute — Jurisdiction of Civil Court Barred Under Section 163 of Maharashtra Cooperative Societies Act, 1960. Dispute Relating to Property Owned by Cooperative Society Must Be Tried by Cooperative Court, Not Civil Court.

The case involves a civil revision application filed by Sanjivani Kailas Borade (applicant) challenging an order of the District Judge-1, Solapur, dat...

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Bombay High Court Allows Appeals in Suit for Declaration and Injunction — Finds Plaintiff Failed to Prove Title and Possession. Concurrent findings of trial court reversed as plaintiff's claim of ancestral property and possession was not established by evidence.

The case involves two first appeals arising from a common judgment and decree dated 17-02-2016 passed by the Civil Judge, Senior Division, Kopargaon i...

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Supreme Court Hears Batch of Writ Petitions Challenging Constitutional Validity of Criminal Defamation Laws. The Petitioners Contend that Sections 499 and 500 IPC and Section 199 CrPC Violate Fundamental Right to Freedom of Speech and Expression Under Article 19(1)(a) of the Constitution of India.

The Supreme Court heard a batch of writ petitions filed under Article 32 of the Constitution, with Subramanian Swamy as the lead petitioner, challengi...