Search Results for "Ouster"

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Search Results for "Ouster"

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High Court

Madras High Court Partially Allows Partition Appeal, Upholds 1/2 Share for Plaintiff but Sets Aside Mesne Profits Award. Co-owner in possession not liable for mesne profits without proof of ouster.

9 Jun 2026

The appeal arises from a judgment and decree dated 28.02.2018 in O.S.No.65 of 2009 on the file of the Fast Track Mahila Court, Dindigul. The plaintiff...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners unless there is ouster or denial of title.

27 Sep 2022

The case involves a second appeal filed by the legal heirs of the original defendant No.1 (since deceased) against the judgment and decree dated 01.10...

High Court

High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Rejects Adverse Possession Claim by Co-owner. Court holds that a co-owner in possession cannot claim adverse possession against another co-owner unless there is ouster or denial of title, and that a preliminary decree for partition can be passed even if some properties are not available for division.

12 Nov 2021

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30.11.2015...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was not barred by limitation and that the plaintiffs had established their share in the joint family property under Section 6 of the Hindu Succession Act, 1956.

8 Jul 2020

The case involves a Regular First Appeal filed under Section 96 read with Order XLI Rules 1 and 2 of the Code of Civil Procedure, 1908, against the ju...

High Court

High Court of Karnataka Dismisses Appeal Challenging Special Court's Jurisdiction in NIA Act Case — Transfer of Case to Sessions Court Not Warranted. The court held that the Special Court under the NIA Act has jurisdiction to try offences under the Unlawful Activities (Prevention) Act, 1967, even if the investigation was not conducted by the National Investigation Agency.

8 Jul 2019

The case pertains to a criminal appeal filed by the appellant-accused No.1 against an order of the Special Court (NIA) dated 08.01.2018 in Special C.C...

High Court

High Court of Karnataka Dismisses Appeal Challenging Rejection of Application Under Section 20 of NIA Act — Transfer of Case to Sessions Court Not Warranted as Investigation by State Police Was Valid and NIA Investigation Not Mandatory.

8 Jul 2019

The case originated from Crime No.11 of 2015 registered by Pulakeshinagar Police Station, Bengaluru, against three accused persons for offences under ...

High Court

Bombay High Court Directs Police to Provide Aid for Taking Possession Under Section 14 of SARFAESI Act. Bank's Application Allowed as Police Failed to Assist Court Commissioner Despite Magistrate's Order.

22 Oct 2018

The petitioner, Corporation Bank, had advanced loan facilities to M/s. Ankur Iron India Private Limited, which defaulted in repayment. The Bank initia...

High Court

Bombay High Court Allows Appeal in Lease Dispute Over Temporary Injunction — Prima Facie Case and Irreparable Injury Established. Lease Deed from 1974 Not Terminated, Appellant's Possession and Business Operations Protected.

23 Jul 2018

The appellant, Shri Rajaram M. Caisukar, filed an appeal against an order dated 24/11/2015 passed by the learned Adhoc District Judge, Panaji, dismiss...

High Court

Bombay High Court Dismisses Suit by Condominium Against Developer for Declaration of Rights Over Adjoining Plots as Barred by Limitation. Claims for Easement and Right of Way Held Time-Barred Under Articles 25, 65, and 113 of Limitation Act, 1963.

6 Mar 2017

The Plaintiffs, Beach Towers Condominium and its President, filed a suit in 2012 seeking declarations that they have a right of way and easement over ...

High Court

Bombay High Court Allows Second Appeal in Co-owner's Suit for Possession and Mesne Profits — Decree for Possession and Mesne Profits Upheld. Court holds that a co-owner in exclusive possession of joint family property is liable to pay mesne profits to other co-owners from the date of demand, and that the suit is not barred by limitation under Article 65 of the Limitation Act, 1963.

30 Nov -0001

The case involves a dispute over joint family property between co-owners. The original plaintiff, Rangnath Shivram Medankar (since deceased, represent...

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