Search Results for "negative averments"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "negative averments"

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High Court

High Court Dismisses Applicants Revision Applications Against Multiple Borrowers in Loan Recovery Case Due to Procedural Deficiencies and Lack of Jurisdictional Error

4 Feb 2026

The High Court dismissed a series of Civil Revision Applications filed by Applicant challenging the dismissal of its applications for restoration of s...

High Court

Gujarat High Court Allows Appeal in Property Dispute Over Undivided Share Transfer — Sets Aside Trial Court's Dismissal of Suit for Declaration and Injunction. Held that the trial court failed to properly consider the evidence regarding the alleged transfer of the appellants' 1/6th share in the suit property.

30 Jan 2026

The present first appeal under Section 96 read with Order XLI of the Code of Civil Procedure, 1908, arises from the judgment and decree dated 25.11.20...

High Court

Karnataka High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction and Declaration Dismissed as Plaintiff Failed to Prove Possession and Title Over Suit Property.

19 Apr 2024

The appellant, Sri B.N. Devaraju, filed a second appeal before the Karnataka High Court against the concurrent judgments of the trial court and the fi...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Suit in Copyright Infringement Case — Suit Not Barred by Section 60 of Copyright Act, 1957 as Plaintiff Sought Declaration of Non-Infringement and Injunction Against Threats. Section 60 provides an additional remedy and does not oust civil court jurisdiction; plaint cannot be rejected at threshold under Order VII Rule 11(d) CPC.

27 Sep 2023

The appellant, M/s Chancery Pavilion, represented by its owner M/s Elixir Enterprises Hotels (P) Ltd., filed a Regular First Appeal under Section 96 r...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert, and Suit Property Not Identified.

13 Sep 2023

The appellant, M/s. Jamnalal Bajaj Seva Trust, filed a Regular First Appeal under Section 96 of the CPC against the judgment and decree dated 30.04.20...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit for Lack of Proof of Joint Family Property. Court holds that the burden to prove that property is joint family property lies on the party asserting it, and mere joint family status does not create a presumption.

20 Dec 2019

The case involves a partition suit filed by the appellants (plaintiffs) claiming that the suit schedule properties are joint family properties of the ...

High Court

Bombay High Court Grants Letters of Administration with Will Annexed in Testamentary Suit — Will Proved to be Duly Executed and Attested. Court holds that the propounder of the Will has discharged the burden of proving due execution and attestation under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872.

5 Mar 2019

The plaintiff, Mahendra Gajanan Karve, filed a Testamentary Petition No. 514 of 2004 seeking Letters of Administration with the Will annexed in respec...

High Court

Bombay High Court Upholds Trial Court's Power to Direct Defendant to Begin Evidence Under Order 18 Rule 1 CPC. Negative Averments and Admission of Possession Shift Burden to Defendant to Prove Title.

22 Sep 2011

The petitioner, M/s. Metafield Coil Pvt. Ltd., the original defendant in Special Civil Suit No. 204/2001, challenged an order passed by the trial cour...

High Court

Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Order in Rent Control Case — Subletting and Default in Payment of Rent Established. The court upheld the appellate judgment reversing the trial court's dismissal of the landlord's eviction suit under the Maharashtra Rent Control Act, 1999.

4 Jan 2010

The case involves a landlord-tenant dispute under the Maharashtra Rent Control Act, 1999. The landlords (respondents) filed a suit for eviction agains...

High Court

Bombay High Court Dismisses Writ Petition Challenging Eviction from Airport Land — Petitioner Failed to Establish Title or Possessory Rights Over Land Belonging to Airport Authority of India. The court held that mere possession without proof of title cannot defeat the rights of the true owner, especially when the land is vested in a statutory authority under the Airport Authority of India Act, 1994.

30 Nov -0001

The petitioner, Edward alias Adward Paul Machado, an 82-year-old farmer, filed a writ petition in the Bombay High Court challenging his eviction from ...

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