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High Court of Karnataka Dismisses Appeal in Partition Suit for Lack of Proof of Joint Family Property. Court holds that the burden to prove that property is joint family property lies on the party asserting it, and mere joint family status does not create a presumption.

The case involves a partition suit filed by the appellants (plaintiffs) claiming that the suit schedule properties are joint family properties of the ...

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Bombay High Court Dismisses Second Appeals by Purchaser and Co-Parcener in Joint Family Property Partition Suit. Sale of Joint Family Land by Father as Karta to Cooperative Society Found Not for Legal Necessity, Not Binding on Son's Share Under Hindu Law.

The litigation pertained to a suit for partition of joint Hindu family property. The plaintiff, Udhav Rasne, a coparcener, challenged the alienation o...

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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...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Affirms Joint Family Business Finding. Non-inclusion of all joint family properties does not bar partition when plaintiff seeks only specific property.

The case involves a partition suit filed by Vitthalrao Marotirao Navkhare (original plaintiff) against his brother Laxmanrao's family (appellants) and...

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Bombay High Court Dismisses Appeal in Land Acquisition Compensation Apportionment Dispute. Co-owners entitled to equal share in compensation absent proof of exclusive possession or title.

The case arises from a land acquisition proceeding where the Government acquired land admeasuring 1 Acre 26 Gunthas and 8 Annas from Survey No. 26/9 o...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was not barred by limitation as the plaintiff's possession was not adverse and the defendants failed to prove ouster.

The case pertains to a Regular First Appeal filed by the defendants against the judgment and decree dated 30.09.2010 passed by the Senior Civil Judge,...

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Bombay High Court Upholds Revenue in Income Tax Reference on HUF Income Assessment. Income from assets received on partition by a bachelor remains individual income even after marriage, as no HUF is created without blending.

The case involves a reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal at the instance of the assessee, ...

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Bombay High Court Dismisses Writ Petition Challenging Clubbing of Establishments Under EPF Act. Common Ownership and Same Telephone Number Justify Clubbing for Coverage Under Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

The petitioner, M/s. Kiran Agencies, a proprietary firm engaged in pharmaceutical distribution, challenged the order dated 30.03.2005 passed by the Em...

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Supreme Court Dismisses Partition Suit for HUF Properties — Burden of Proof Not Discharged. Plaintiff Failed to Establish Existence of Hindu Undivided Family Between Two Brothers Despite Alleged Joint Business and Property Acquisitions.

The case involves a dispute over properties claimed to be part of a Hindu Undivided Family (HUF). The plaintiff, Bhagwat Sharan, filed a suit for part...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholding Trial Court's Dismissal Due to Prior Partition and Wills. Properties Already Dealt With Under Prior Partition Deed (Ex.D-3) and Testamentary Succession (Ex.D-4, D-7) Leaving No Joint Family Property for Partition.

The litigation arose out of a suit for partition filed by the appellant, Smt. Jaywanthi K. Kapadia, who is one of the legal heirs of late A. Venilal. ...