Search Results for "Ouster"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Ouster"

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Supreme Court

Supreme Court Allows Appeal and Reinstates Arbitral Award in Manning Agreement Dispute Over Vessel Grounding Penalty. Arbitrator Held to Have Jurisdiction to Interpret Contract and Invalidate Ouster Clause Under Section 28 of Indian Contract Act, 1872, with Limited Judicial Review Under Section 37 of Arbitration and Conciliation Act, 1996.

23 Mar 2026

The dispute originated from a Manning Agreement dated 26.12.2008 between appellant and the (respondent) for manning 17 vessels. On 06.07.2009, the ves...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Plaint in Real Estate Dispute — RERA Bar Under Section 79 Applies to Civil Suits for Possession and Damages. The court held that a civil suit for possession and damages against a developer is barred by Section 79 of the Real Estate (Regulation and Development) Act, 2016, as the dispute falls within the purview of the Real Estate Regulatory Authority.

20 Dec 2024

The case involves a dispute between M/s H.M. Infra Tech Pvt. Ltd. (formerly a partnership firm) and the H.M. Tamborine Apartments Owners Association a...

High Court

Karnataka High Court Allows Landlord's Revision in Ejectment Suit, Dismisses Tenant's Revision — Landlord Establishes Title and Tenant Fails to Prove Ownership. Landlord Proves Title Through Registered Sale Deed and Tax Receipts; Tenant's Adverse Possession Claim Fails for Lack of Evidence of Ouster Under Section 18 of Karnataka Small Causes Court Act, 1964.

28 Jun 2023

The case involves two revision petitions arising from a suit for ejectment filed by Sri Ramula Sannidhi (plaintiff/landlord) against Sri Jabarchand (d...

High Court

High Court of Karnataka Allows Second Appeal in Property Dispute — Sets Aside Concurrent Findings on Declaration and Possession. Court holds that the First Appellate Court failed to frame proper points for determination under Order 41 Rule 31 CPC, rendering its judgment unsustainable.

17 Mar 2023

The appellant, Sri Gundappa, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree da...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Specific Performance Suit — Maintainability of Civil Suit Not Barred by Senior Citizens Act, 2007. Order 7 Rule 11 CPC Rejection Set Aside as Plaint Disclosed Cause of Action and Bar Under Section 23 of Senior Citizens Act Not Applicable to Agreements Prior to Act.

30 Jun 2022

The appellant/plaintiff filed a suit for specific performance of contract of sale, alleging that the respondent/defendant executed a registered agreem...

High Court

Bombay High Court Allows Revision in Suit for Possession Under Section 6 of Specific Relief Act — Plaintiff's Prior Possession Established Despite Temporary Absence. Possession Through Tenant is Sufficient for Summary Suit Under Section 6 of Specific Relief Act, 1963.

18 Feb 2016

The dispute arises out of a suit under Section 6 of the Specific Relief Act, 1963, concerning Plot No. 8 in the layout of Uruvila Cooperative Housing ...

High Court

Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

5 Feb 2016

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Civil Judge's Order Refusing Temporary Injunction in Suit for Declaration and Injunction — Petitioner Failed to Establish Prima Facie Case for Injunction Under Order 39 Rules 1 and 2 CPC.

21 Aug 2015

The petitioner, Shri Jacinto Da Silva, filed a civil suit before the Civil Judge, Senior Division, Margao, seeking a declaration of title and permanen...

High Court

Bombay High Court Refuses Leave Under Clause 12 of Letters Patent in Summary Suit for Recovery of Price of Goods — No Part of Cause of Action Arises Within Court's Jurisdiction. The court held that the making of contract and payment of advance in Bombay did not constitute part of cause of action where goods were to be delivered in Pune, applying A.B.C. Laminart v. A.P. Agencies.

19 Nov 2014

The petitioner, M/s. Polycab Wires Pvt. Ltd., filed a summary suit in the Bombay High Court against the respondent, M/s. Eta Engineering Pvt. Ltd., fo...

High Court

Bombay High Court Allows Arbitration Petitions in Land Acquisition Dispute — Reference to Arbitration Directed Under Section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Dispute over compensation for acquired land referred to arbitration as per statutory mechanism, rejecting objections of limitation and maintainability.

30 Nov -0001

The judgment concerns three arbitration petitions filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an a...

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