Search Results for "two decrees"

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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...
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Search Results for "two decrees"

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High Court

High Court of Judicature at Bombay, Aurangabad Bench Allows Defendants' Second Appeal in Partition Suit as Alienee Proved Legal Necessity. Alienation of Ancestral Property by Disabled Manager Upheld Where Alienee Made Reasonable Enquiries and Believed in Good Faith that Necessity Existed.

7 May 2010

Background: The dispute concerned the alienation of ancestral agricultural lands belonging to a Hindu joint family. The original plaintiffs (responden...

Supreme Court

Supreme Court Upholds Preliminary Objection and Dismisses Appeal of Pre-emptors in Punjab Pre-emption Act Case. Retrospective Amendment of Section 31 by Punjab Act 10 of 1960 Bars Pre-emption Decree for Proprietors, Following Ram Swarup v. Munshi.

28 Aug 1969

The appeal before the Supreme Court arose out of two consolidated suits for pre-emption filed after a sale of agricultural land in June 1957. The appe...

Supreme Court

Supreme Court Allows Appeal in Land Incorporation Dispute — Upholds High Court Single Judge's Order Directing MCD to Consider Plot Incorporation in Layout Plan. Ownership Rights of Private Purchasers Prevail Over Municipal Register Entries in Absence of Due Process.

20 Apr 2026

The dispute concerns a parcel of land admeasuring 1600 sq. yards in Green Park Extension, New Delhi, originally part of a larger tract owned by Urban ...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Possession and Title. Court holds that findings of fact based on evidence cannot be interfered with in second appeal under Section 100 CPC unless perverse or based on no evidence.

29 Nov 2023

The case involves a property dispute between the appellants (original defendants) and respondents (original plaintiffs) over agricultural land. The pl...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

29 Jul 2019

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

High Court

Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

24 Aug 2018

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

High Court

Bombay High Court Quashes Municipal Resolution and Restores Technical Clearance for Construction — Unilateral Withdrawal of Technical Clearance Without Hearing Violates Natural Justice. The court held that the Town and Country Planning Department could not keep its technical clearance in abeyance based on a municipal resolution without affording the petitioner an opportunity of hearing, and the municipal council had no jurisdiction to object to the technical clearance.

17 Jan 2020

The petitioner, Shri Shailesh Vernekar, is the owner of property bearing survey no.52/1-A at Chaudi, Canacona, Goa, where he proposed to put up constr...

High Court

High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Cannot Be Invoked After Decree Is Passed. Execution Court Erred in Staying Execution Based on Subsequent Suit Filed by Judgment Debtor After Decree.

18 Jan 2023

The petitioners (decree holders) obtained a decree for possession in O.S. No. 79/2003 (originally O.S. No. 3/1971) against the respondent (judgment de...

High Court

Bombay High Court Dismisses Decree Holder's Application for Mesne Profit Inquiry as Time-Barred Under Article 137 of Limitation Act, 1963. Application filed more than three years after decree for possession and mesne profits was held to be barred by limitation, as the right to apply accrued on the date of decree.

6 Feb 2013

The applicant, Gajanfar Rafik Ahmed Mirajkar, was the plaintiff in Special Civil Suit No.3/1983, which was decreed on 23.08.2006. The decree granted p...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Regular Second Appeal under Section 100 CPC fails as no substantial question of law arises from concurrent findings of courts below regarding declaration of title and injunction.

3 Mar 2020

The appellant, Maruti A/F Laxman Patil, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and...

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