Search Results for "variance between pleadings and proof"

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Bombay High Court Allows Husband to Lead Evidence First in Property Dispute with Wife — Order 18 Rules 1 and 2 CPC Interpreted. Husband Must Prove His Case as He Would Be Defeated if No Evidence Is Given, Given His Admission of Wife's Payment.

The case involves a property dispute between husband and wife. The wife filed a petition seeking a declaration that she is the sole owner of one of tw...

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Madras High Court Second Appeal: Principles of Pleading in Will Disputes. Lower Appellate Court's Finding on Suspicious Circumstances Without Pleadings Held Impermissible.

The second appeal arose from a partition suit where the plaintiff claimed 4/5th share in the suit property based on a Will (Ex.A2) executed by Kamalat...

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High Court of Karnataka Hears Regular First Appeal Against Dismissal of Suit for Partition and Declaration. Daughter Challenges Will Dated 15.06.2001 Alleging Suspicious Circumstances and Non-Compliance with Proof Requirements Under Section 63 of Indian Succession Act, 1956.

The Regular First Appeal arose from a suit for declaration, partition, and mesne profits filed by one of the daughters of late M. Krishnappa. The dece...

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High Court of Karnataka Dismisses Appeals in Property Dispute, Upholds Trial Court's Dismissal of Suit for Declaration and Recovery of Possession. The court held that the plaintiff failed to prove title and possession over the suit property, and the suit was barred by limitation.

The case involves two Regular First Appeals filed against the judgment and decree dated 07.11.2014 in O.S.No.72/2011 passed by the I Additional Senior...

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High Court of Karnataka Kalaburagi Bench Considers Second Appeal in Suit for Permanent Injunction, Frames Substantial Questions of Law Regarding Pleadings and Title Dispute

This Regular Second Appeal arose out of an original suit for permanent injunction in a property dispute. The plaintiff claimed ownership and possessio...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Finding of No Common Property. Suit for partition and separate possession fails as plaintiff failed to prove that suit schedule properties were joint family properties.

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment ...

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Bombay High Court Dismisses Appeal Against Probate of Will, Upholds Trial Court's Finding of Due Execution and Attestation. Will dated 4 July 1993 held validly executed under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872.

The appeal arose from a judgment and order dated 9 June 2016 of the Bombay High Court disposing of Testamentary Suit No. 28 of 1995, which sought prob...

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High Court of Judicature at Bombay Aurangabad Bench Hears First Appeals Against Common Decree in Two Special Civil Suits; Dispute Involves Recovery for Liquor Supplies and Refund of Security Deposit, Raising Issues of Adjustment, Burden of Proof, and Competency to Sue

These three first appeals under Section 96 of the Code of Civil Procedure, 1908 arise from a common judgment dated 11-10-1999 by the 4th Joint Civil J...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Upholds Trial Court Decree for Execution of Sale Deed. Agreement of Sale Dated 02.08.2007 Proved by Plaintiff; Defendants Failed to Discharge Burden of Proof Under Section 16(c) of Specific Relief Act, 1963.

The appellants (defendants) challenged the judgment and decree dated 20.10.2012 passed by the Senior Civil Judge, Channarayapatna, in O.S. No. 4/2008,...