Search Results for "first appellate court"

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Daughter’s Right to Coparcenary Property Under Amended Section 6 of the Hindu Succession Act, 1956: Even if Father Died Before the Act Came into Force

Retroactive Application of Amended Section 6: The 2005 Amendment to Section 6 of the Hindu Succession Act, 1956 is retroactive, not retrospective...

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Bombay High Court Rejects Application for Amendment of Decree under Section 152 of CPC Court rules that trial court lacks jurisdiction to amend a decree confirmed by the appellate court.

The Bombay High Court rejected an application filed by original defendant Nos. 4, 9, and 10 under Section 152 of the Civil Procedure Code (CPC) seekin...

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"Partition Not Proved, Appeal Allowed: A Dispute Over Co-ownership and Encroachment on Temple Property" "High Court overturns lower court rulings, emphasizes the need for partition before possession claims"

The Bombay High Court (Nagpur Bench) allowed the second appeal and set aside the judgments of the trial court and first appellate court. The court co...

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High Court of Bombay at Goa Upholds Dismissal of Husband's Divorce Petition. Court Affirms Decree Based on Lack of Proof of Cruelty and Abandonment.

The High Court of Bombay at Goa dismissed the appeal of Arshad Khalifa, who sought a divorce from his wife, Gulzar Khalifa, on grounds of cruelty and ...

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"Partition Dispute Over Joint Property: Supreme Court Delivers Final Verdict" Tagline "High Court's Decision on Liability for Rents and Mesne Profits Upheld; Equitable Distribution and Legal Constraints on Partition Discussed"

This case concerns a suit for partition involving a property jointly owned by multiple parties, including the original plaintiff, subsequent buyers, a...

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"Legal Resolution in Family Property Dispute: Upholding the Partition Based on Conduct and Documents" "Estoppel by Conduct and the Validity of Unregistered Documents in Hindu Joint Family Property Cases"

The Bombay High Court, Nagpur Bench, dismissed the appeal filed by the plaintiffs, confirming that the first appellate court correctly reversed the tr...

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Supreme Court Directs Compensation for Delayed Possession in Fiesta Homes Project. The Supreme Court mandates compensation for homebuyers, correcting NCDRC's oversight of the construction agreement's possession date.

The appellants, along with proforma respondents, filed a complaint against the first respondent-builder for delay in handing over possession of flats ...

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Court Dismisses Wife's Appeal Against Ex-Parte Divorce Decree. Appeal Rendered Infructuous Due to Husband's Lawful Remarriage Following Divorce Decree

A second appeal filed by the appellant/wife against the decision of the learned District Judge-10, Aurangabad, who refused to condone a 166-day delay ...

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Supreme Court Overturns High Court Decision, Validates 1985 Sale Deed in Landmark Land Ownership Case. Appellants win long-fought legal battle over fraudulent land transactions; Supreme Court awards exemplary costs for injustice.

The case concerns issues of land ownership, fraud, and legal manipulation, with the appellants suffering due to the malicious intent of the respondent...

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Appeal Dismissed: Concurrent Findings on Desertion and Cruelty Against Husband Both trial and appellate courts reject the husband's claim of desertion, upholding the wife's contention of ill-treatment.

The appellant-husband's plea for divorce on grounds of desertion and cruelty was rejected. The court found that the appellant failed to prove desertio...