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Search Results for "succession"

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Supreme Court

Supreme Court Sets Aside High Court Judgment in Second Appeal and Remands Case for Reconsideration Under Correct Legal Provision. The Court held that the High Court erred by interfering with findings of fact and not applying Section 41 of the Punjab Courts Act, 1918, which governs second appeals in Punjab and Haryana, leading to remand without merits adjudication.

10 Mar 2022

The dispute originated from a suit filed by the plaintiffs (respondent Nos. 1 and 2) seeking declaration of title and prohibitory injunction against t...

Supreme Court

Supreme Court Dismisses Appeals in Indian Succession Act Case Upholding Revocation of Letters of Administration. Revocation was justified under Section 263 as proceedings were defective in substance due to non-impleadment of all legal heirs, constituting just cause as per Explanation (a) and Illustration (ii).

9 Mar 2022

The dispute arose from appeals challenging an order dated 05.11.2008 that allowed an appeal under Section 299 of the Indian Succession Act, 1925, revo...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Appellant in Bigamy and Forgery Case Due to Abuse of Process. Proceedings Were Maliciously Instituted with Ulterior Motive After Investigation Revealed No Prima Facie Case Under Sections 494, 495, 416, 420, 504, 506, 467, 468, 471 IPC, Following Principles from State of Haryana v. Bhajan Lal.

10 Feb 2022

The Supreme Court considered an appeal against the Allahabad High Court's order declining to quash criminal proceedings against the appellant. The app...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholding Decree for Division of Self-Acquired Properties. The Court Held That Non-Joinder of Other Family Branch Did Not Affect Suit Maintainability as Properties Were Separate Estate, and Appellant's Ouster Claim Failed Due to Admission of Co-Ownership and Lack of Evidence.

9 Feb 2022

The dispute originated from a partition suit filed by the sister and sister-in-law of the appellant against him and other defendants, seeking division...

Supreme Court

Supreme Court Allows Appeal in Part on Operational Creditor Status but Upholds Dismissal on Limitation in Insolvency Case. The court held that a purchaser does not qualify as an operational creditor under Section 5(20) of the Insolvency and Bankruptcy Code, 2016, and the application under Section 9 was barred by limitation due to debt arising from 2013 transactions.

4 Feb 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the appellant, Consolidated Construction Consortium Limited,...

Supreme Court

Supreme Court Upholds Appellant's Absolute Ownership in Hindu Succession Dispute Over Limited Estate Under Will. The Court held that a limited life interest conferred by a Will falls under Section 14(2) of Hindu Succession Act, 1956, preventing expansion to absolute ownership, and applied res judicata to bar re-litigation of previously adjudicated matters.

1 Feb 2022

The dispute arose from a Will dated 15.4.1968 by Tulsi Ram, who died on 17.11.1969, bequeathing property in Village Jundla, Haryana, to his son (the a...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

20 Jan 2022

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

Supreme Court

Supreme Court Sets Aside High Court Bail Order in Murder Case Due to Lack of Reasoning. Bail granted under Section 439 CrPC quashed as order was cryptic and failed to consider gravity of offence under Section 302 IPC, with matter remanded for fresh decision.

11 Jan 2022

The appeal was preferred by the informant-appellant, the son of the deceased, challenging the High Court of Rajasthan's order dated 7th May 2020 grant...

Supreme Court

Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

13 Dec 2021

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

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