Search Results for "possession and enjoyment"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "possession and enjoyment"

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Supreme Court

Supreme Court Allows Appeal in Karnataka Land Reforms Act Case — Restores Land Tribunal's Order Granting Occupancy Rights. Possession and Cultivation of Punja Land as on Appointed Date Sufficient to Establish Tenancy Under Sections 44 and 45 of the Karnataka Land Reforms Act, 1961.

23 Apr 2019

The Supreme Court allowed the appeal against the High Court's judgment that had set aside the Land Tribunal's order granting occupancy rights to the a...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Compensation Claim by Co-owner Under National Highways Act, 1956 — Interpretation of Section 3-H(3) and (4) Clarified. The court held that when a dispute arises regarding apportionment of compensation among co-owners, the Land Acquisition Officer must refer the matter to arbitration under Section 3-H(4) of the National Highways Act, 1956, and cannot reject the claim on the ground of disputed title.

29 Jun 2017

The petitioner, Arun Trimbakrao Lokare, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 05.01.2017 pas...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower appellate court's dismissal of appeal for lack of substantial question of law, confirming trial court's decree for partition and separate possession.

22 Aug 2017

The present second appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a judgment and decree dated 29.03.2005 passed by the Dis...

High Court

Bombay High Court Dismisses Writ Petition Seeking Acquisition or Restoration of Land in Land Acquisition Act Case — Possession Already Taken Under Award. Writ of Mandamus Cannot Compel Acquisition When Land Vests in State Under Section 16 of Land Acquisition Act, 1894.

23 Oct 2015

The petitioners filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to acquire t...

High Court

Bombay High Court Dismisses Petition for Impounding of Document in Specific Performance Suit — No Objection Raised at Time of Exhibition. Court holds that once a document is exhibited without objection, it cannot be impounded under Section 33 of the Maharashtra Stamp Act, 1958 at a later stage.

29 Apr 2019

The petitioner, defendant No.4 in Special Civil Suit No.167 of 2012, filed a writ petition challenging the order dated 24.01.2019 passed by the 8th Jo...

Supreme Court

Supreme Court Upholds Auction Purchaser in Land Acquisition Compensation Execution Dispute Under CPC. Auction sale confirmed as judgment debtor failed to prove material irregularity or substantial injury under Order XXI Rule 90 of Code of Civil Procedure, 1908, and did not comply with deposit requirements under Order XXI Rule 89.

2 Sep 2022

The dispute originated from the non-payment of compensation for land acquired under the Land Acquisition Act, 1984, spanning over three decades. The o...

High Court

Madras High Court Allows Second Appeal in Partition Suit — Daughter's Claim for Share in Ancestral Property Dismissed Due to Prior Alienation and Lack of Proof of Joint Family Property. The court held that the plaintiff failed to prove the suit property was ancestral or joint family property, and the alienation by the father to a bona fide purchaser for discharging family debts was valid.

6 Jan 2025

The case involves a second appeal filed by defendants 1 and 4 against the judgment of the First Appellate Court which reversed the Trial Court's dismi...

High Court

Bombay High Court Dismisses Appellant's Claim in Land Acquisition Reference Under Section 30 of Land Acquisition Act, 1894 — Appellant Fails to Prove Title to Acquired Land. The court held that the burden of proof lies on the claimant to establish ownership, and mere possession without documentary evidence is insufficient to claim compensation.

31 Mar 2017

The case arises from a land acquisition proceeding where the Government acquired 2400 sq. mts. of land from survey holding no.15/1 of village Verlem, ...

High Court

High Court of Karnataka Allows Appeal in Restoration of Suit Case — Defendant No.1 Succeeds in Setting Aside Appellate Decree. First Appellate Court Erred in Reversing Trial Court's Dismissal of Suit Without Proper Consideration of Evidence and Limitation Issues.

27 Aug 2024

The case involves a Miscellaneous Second Appeal filed by Defendant No.1 against the judgment and decree dated 08.02.2019 passed in R.A.No.03/2009 by t...

High Court

High Court of Karnataka Quashes Compromise Decree in Civil Suit Due to Fraud and Non-Compliance with Order XXIII Rule 3 CPC — Suit Restored for Hearing on Merits. The court held that a compromise decree obtained without a written and signed compromise and without the court recording satisfaction about its lawfulness is illegal and liable to be set aside under Order XXIII Rule 3 of the Code of Civil Procedure, 1908.

9 Jun 2015

The petitioner, Kasturevva, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwa...

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