Search Results for "Joint decree"

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Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim adverse possession against another co-owner unless there is clear ouster and hostile title asserted.

The case involves a property dispute between two brothers, Gurudayalsing Bindra (original defendant, now represented by his legal representatives as a...

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Madras High Court Allows Appeal in Contract for Sale of Goods Case — Supplier Failed to Prove Delivery of Machinery. Specific Performance of Contract for Supply of Hydraulic Press Cannot Be Granted Without Proof of Delivery and Acceptance Under Sale of Goods Act, 1930.

The appellant/defendant, M/s. Sri Ranganathar Industries Private Limited, appealed against the judgment and decree of the IV Additional District and S...

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Bombay High Court Directs Registration of Document Despite Pending Stamp Duty Adjudication — Period of Adjudication Excluded for Limitation Under Section 23 of Registration Act. Sub-Registrar Cannot Refuse Registration on Ground of Pending Adjudication Under Section 31 of Maharashtra Stamp Act.

The petitioner, Snehanjali Electronics and Trading Private Limited, filed a writ petition seeking a direction to the Sub-Registrar, Andheri I (Respond...

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Karnataka High Court Allows Appeal of Daughters in Partition Suit — Upholds Equal Share in Ancestral Property. Daughters Held Entitled to Coparcenary Rights Under Section 6 of Hindu Succession Act, 1956, Despite Non-Joinder of Some Parties.

The case pertains to a partition suit filed by the daughters of B.R. Krishnamurthy Rao seeking a share in the joint family property. The plaintiffs, S...

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Bombay High Court Allows Appeal in Property Dispute — Sets Aside Decree for Specific Performance. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Mrs. Kiran Nashine, filed two appeals against the judgment and decree dated 30.09.2009 passed by the Joint Civil Judge, Senior Division...

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Bombay High Court Allows Appeal in Partition Suit — Dispute Over Agricultural Land Between Brothers. Court Holds That a Suit for Partition Is Not Barred by Limitation When the Plaintiff Is in Joint Possession and the Property Is Ancestral.

The appellant, Shivaji Gopal Kurhade, filed a suit for partition and separate possession of ancestral agricultural land against his brothers and their...

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Supreme Court Allows Appeal in Partition Suit — School Leaving Certificate Not Properly Proved Under Section 35 Evidence Act. Release Deed Executed by Major Plaintiff Valid Despite Absence of Fraud or Coercion.

The case involves a partition suit filed by C. Jayarama Reddy (plaintiff) against his three brothers (defendants 1-3) and subsequent purchasers (defen...

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High Court of Karnataka Quashes FIR in Criminal Petition Under Section 482 CrPC — Allegations of Mischief, Criminal Intimidation, and Cheatment Found to Be Civil Dispute. Court Held That Where Dispute Is Purely Civil in Nature, Criminal Proceedings Cannot Be Sustained and Are an Abuse of Process of Law.

The petitioners, Mrs. G. Chitra Poornima and Mr. Jagadish, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) ...