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Bombay High Court Allows Second Appeal in Partition Suit, Upholds Prior Partition Based on Unequal Division and Subsequent Conduct. Court holds that unequal partition does not invalidate severance of joint status and that subsequent alienations of individual shares indicate acceptance of prior partition.

The case involves a Second Appeal filed by the original defendants against a decree for partition and separate possession granted by the First Appella...

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Bombay High Court Acquits Stepfather in Rape Case Due to Lack of Corroboration and Inconsistent Testimony of Victim. Conviction under Sections 376 and 506(ii) IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Sameer Sarkar, was convicted by the Additional Sessions Judge, Goa for offences under Sections 376 and 506(ii) of the Indian Penal Code...

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High Court of Karnataka Not mentioned appeal in partition suit concerning rights of a remarried widow under Section 24 of Hindu Succession Act, 1956. The core legal question was whether the remarriage of the widow of a predeceased son prior to the opening of succession disqualifies her from inheritance.

The appeal arose from a decree in O.S.No.840/2001 on the file of I Additional City Civil and Sessions Judge, Bengaluru, decreeing the suit for partiti...

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Supreme Court Acquits Accused in Murder Case Based on Weak Circumstantial Evidence — Last Seen Theory Found Unreliable and Uncorroborated. Conviction Set Aside as Chain of Circumstances Incomplete, Benefit of Doubt Given to Accused.

The Supreme Court allowed the appeal of Sunita, who was convicted for the murder of Sushila. The case was based entirely on circumstantial evidence, p...

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Bombay High Court Dismisses Impleadment Application by Stepchild in Partition Suit — Stepchild Not a Legal Heir Under Hindu Succession Act. The court held that a stepchild has no legal interest in the joint family property of a deceased coparcener and cannot be impleaded in a partition suit.

The Bombay High Court dismissed a chamber summons filed by a third-party applicant seeking impleadment in a partition suit. The suit involved partitio...

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High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...

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Bombay High Court Allows Second Appeal in Partition Suit — Sale by Brother for Legal Necessity Upheld. Daughters' Claim for Partition Dismissed as Sale Deed Dated 28.3.1968 Was Supported by Legal Necessity and Prior Conditional Sale.

The case involves a partition suit filed by two daughters (plaintiffs) against their brother Tukaram and the appellant (defendant no.1), who purchased...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Bombay High Court Dismisses Petition Challenging Maintenance Order in Favor of Step-Mother Under Section 125 Cr.P.C. — Step-Mother Held Entitled to Maintenance from Step-Sons as Widow, Following Supreme Court's Liberal Interpretation of 'Mother'.

The case involves a criminal application filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) and Article 227 of the Constitution...