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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "lis"

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High Court

Bombay High Court Dismisses Writ Petitions Seeking Mandatory Lis Pendens Entry in 7/12 Extracts Under Maharashtra Land Revenue Code. Government Resolution Not Recording Lis Pendens Upheld as No Express Statutory Provision Mandates Such Entry.

17 Jul 2018

The two writ petitions before the Bombay High Court raised a common issue concerning the mandatory recording of lis pendens entries in land records, s...

High Court

Bombay High Court Upholds Relief from Lis Pendens in Specific Performance Suit — Transfer of Property Act Section 52. Court allows defendant to be relieved from lis pendens upon deposit of Rs.8 lakhs, balancing plaintiff's claim with defendant's right to deal with property.

9 Oct 2013

The appeal arises from a judgment of a learned Single Judge dated 13 September 2013 in a motion taken out by the Appellant, the original Plaintiff, du...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Holds That Purchaser of Property During Pendency of Suit Is Bound by Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882, and That Will Deed Must Be Proved in Accordance with Law. The court held that the appellant, who purchased the property during the pendency of the suit, is bound by the decree, and the will deed was not duly proved as attesting witnesses were not examined.

18 Nov 2019

The case involves a second appeal arising from a partition suit. The original plaintiffs, Shivaji and Kamlabai, claimed a 1/3rd share in the propertie...

High Court

Bombay High Court Allows Subsequent Purchaser to Join as Plaintiff Despite Lis Pendens — Order I Rule 10(2) CPC Not Barred by Section 52 of Transfer of Property Act. Transfer pendente lite does not preclude joinder of subsequent purchaser for effective adjudication of suit.

18 Jan 2014

The petitioner, Yogesh s/o Balaji Misar, filed a writ petition challenging the order dated 20-11-2012 passed by the Civil Judge (Jr.Dn.), Bramhapuri, ...

High Court

Bombay High Court Allows Original Tenant to Recover Possession from Subsequent Tenant Inducted During Pendency of Execution Proceedings - Doctrine of Lis Pendens Applies to Post-Decree Proceedings Under Order XXI CPC. The court held that a person inducted during the pendency of an application under Order XXI Rule 97 or 99 CPC is a lis pendens inductee and cannot resist the original tenant's claim for possession.

28 Jun 2019

The case involves a dispute between two tenants over possession of a property. The landlord, Mohammed Usman Shaikh Umar, filed a suit for eviction aga...

Supreme Court

Supreme Court Allows Appeal in LPG Distributorship Case Due to Delay and Laches — Writ Petition Filed After Four Years Dismissed. Division Bench's Reversal of Single Judge's Dismissal on Locus Standi Set Aside as Writ Petitioner Failed to Explain Inordinate Delay.

29 Apr 2024

The case pertains to a challenge to the grant of LPG distributorship at Jamalpur, District Burdwan, under the GP Category. An advertisement was issued...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Doctrine of Lis Pendens Applied to Protect Plaintiff's Rights Despite Concurrent Findings of Lower Courts. The Court held that an alienation made during the pendency of a suit is void against the decree-holder under Section 52 of the Transfer of Property Act, 1882, and that the First Appellate Court could not record a finding on fraud and collusion without cross-objections by the defendants under Order 41 Rule 22 CPC.

14 Oct 2024

The dispute arose from an agreement to sell dated 17.08.1990 executed by defendant no. 1 (Janraj Singh) in favour of the plaintiff (Daljit Singh) for ...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

High Court

Bombay High Court Allows Impleadment of Purchaser in Pending Eviction Suit — Lis Pendens Does Not Bar Impleadment Under Order 1 Rule 10 CPC. Purchaser of suit property during pendency of litigation is entitled to be impleaded to protect her interest, as the principle of lis pendens under Section 52 of Transfer of Property Act, 1882 only binds the purchaser by the decree, not prohibits impleadment.

19 Sep 2017

The petitioner, Minalini Lalit Modi, purchased the suit flat from the tenant (respondent no.2) during the pendency of an eviction suit filed by the la...

High Court

Bombay High Court Grants Anti-Anti-Suit Injunction Restraining Enforcement of Singapore Anti-Suit Order in NCLT Oppression and Mismanagement Dispute. Court holds that disputes under Sections 241 and 242 of the Companies Act, 2013 are non-arbitrable and exclusively triable by NCLT, and that an anti-suit injunction from a foreign court cannot be enforced in India to prevent a party from pursuing statutory remedies before the NCLT.

11 Sep 2023

The plaintiff, Anupam Mittal, filed a suit in the Bombay High Court seeking an anti-anti-suit injunction to restrain the defendants from enforcing an ...

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