Search Results for "specific pleading"

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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 "specific pleading"

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High Court

High Court of Karnataka heard regular second appeals challenging concurrent lower court findings in a civil suit for declaration and injunction. The appeals were filed under Section 100 of the Code of Civil Procedure, 1908 against the judgments of the Senior Civil Judge, Channapatna.

16 Dec 2024

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Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

High Court

High Court of Karnataka Dismisses Plaintiff's Writ Petition in Specific Performance Suit — Rejection of Notice to Admit Documents Upheld. Trial Court's Discretion Under Order XII Rule 2 CPC Not Interfered With as Plaintiff Failed to Show That Documents Were Admitted or That Rejection Caused Prejudice.

6 Dec 2017

The petitioner-plaintiff filed a suit for specific performance of a contract for sale of property, seeking to direct the defendants to accept the bala...

Supreme Court

Supreme Court Partially Allows Appeal in Consumer Dispute Against Builder for Delayed Possession and Deficiency in Service — Compensation Rate Enhanced from 6% to 9% p.a. The Court held that the NCDRC's formula for computing due date of possession was arbitrary and that the builder could not introduce new facts after forfeiting right to file written statement under Section 38(3)(a) of Consumer Protection Act, 2019.

15 Mar 2023

The appellants, 46 home buyers, along with proforma respondents, filed a consumer complaint before the National Consumer Disputes Redressal Commission...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Limitation and Cause of Action Are Triable Issues. Court holds that Order VII Rule 11 CPC application cannot be decided on disputed facts regarding knowledge of sale deeds and limitation.

9 Aug 2024

The Bombay High Court dismissed a Civil Revision Application filed by Defendant No.15 (M/s. Mahabharat Builders) challenging the trial court's order d...

High Court

Bombay High Court Dismisses Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Letters Patent Appeal against decree for possession and mesne profits dismissed as no substantial question of law or perversity found in concurrent findings of fact.

31 Mar 2017

The present Letters Patent Appeal arises from a judgment and decree passed by a Single Judge of the Bombay High Court in First Appeal No. 133/1976, wh...

High Court

Karnataka High Court Hears Regular First Appeal Against Dismissal of Suit for Declaration and Partition — Judgment Details Not Fully Extracted. The appeal challenges trial court's rejection of plaintiffs' claim of ownership and alternative partition.

21 Nov 2023

Background: The dispute involved family members over properties standing in the name of the first defendant, Smt. N. Narasamma, who is the mother of t...

High Court

Bombay High Court Allows Second Appeal in Possession Suit — Appellants Entitled to Possession of Suit Property Based on Title and Adverse Possession. Permissive occupation does not create ownership; respondent failed to prove adverse possession or valid title.

24 Sep 2014

The case involves a dispute over possession of a suit plot and house. The original plaintiffs (now appellants) are the sons of Marotrao Dhobale, the o...

High Court

Bombay High Court Upholds Amendment of Plaint in Property Dispute — No New Cause of Action Introduced. Amendment seeking to add details of alternate accommodation agreement and electricity disconnection allowed as it clarifies existing claim without changing the nature of the suit.

5 Feb 2024

The petitioner, Ravi Ashish Builders Ltd, challenged an order dated 10th September 2018 passed by the learned trial judge allowing Chamber Summons No....

High Court

Bombay High Court Dismisses Appeal in Suit for Specific Performance and Injunction — Appellants Failed to Prove Readiness and Willingness to Perform Contract. Life Insurance Corporation of India's Termination of Agreement for Sale Upheld as Appellants Did Not Demonstrate Continuous Readiness and Willingness Under Section 16(c) of the Specific Relief Act, 1963.

7 Sep 2022

The case involves an appeal by Sanjeev Builders Private Limited and Vineet Builders Private Limited against Life Insurance Corporation of India (LIC) ...

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