Search Results for "possession refusal"

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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 "possession refusal"

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High Court

High Court of Karnataka Delivers Judgment in Second Appeal Concerning Validity of Sale Deed of Tataguni Estate. The dispute centered on the execution and registration of a sale deed by the original owner and the alleged obstruction by her private secretary in completing the transaction.

17 Jun 2021

The second appeal before the High Court of Karnataka arose from a judgment of the first appellate court which had decreed the suit of the plaintiff co...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Remands for Fresh Consideration on Limitation. The appellate court's dismissal of suit as barred by limitation was set aside as it failed to consider the plaintiff's case that refusal occurred on 30 March 1972, not 31 March 1972.

13 Nov 2019

The case involves a second appeal filed by the original plaintiff (now represented by legal heirs) against the judgment of the District Court, Solapur...

High Court

Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

30 Nov -0001

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Agricultural Land Not Enforceable as Plaintiff Did Not Demonstrate Financial Capacity and Conduct Showed Lack of Readiness.

30 Nov -0001

The appellant, Jayantilal Devji Shah, filed a suit for specific performance of an agreement for sale of agricultural land against the respondents. The...

High Court

High Court of Judicature at Bombay Dismisses Revision Applications by Original Defendants Seeking Rejection of Plaint Under Order VII Rule 11 of Code of Civil Procedure, 1908. Limitation Held a Mixed Question of Law and Fact Requiring Trial; Plaint Disclosed Cause of Action Based on Discovery of Will in 2013, Suit Not Barred at Threshold.

8 Dec 2025

The dispute arose from a suit for specific performance and cancellation of documents concerning a large tract of land in Kothrud, Pune. The plaintiff,...

High Court

Bombay High Court Allows Refund of Stamp Duty Under Section 48 of Maharashtra Stamp Act, 1958 When Agreement to Purchase is Cancelled Due to Developer's Default. The court held that since no conveyance deed was executed and the agreement was cancelled due to developer's default, the petitioner is entitled to refund of stamp duty under Section 48 of the Maharashtra Stamp Act, 1958.

11 Jan 2024

The petitioner, Satish Buba Shetty, a retired bank official, entered into an Agreement to Purchase a flat with M/s. Vijaykamal Properties Private Limi...

High Court

Bombay High Court Allows Appeal in Property Dispute — Sets Aside Decree for Specific Performance. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

1 Jul 2014

The appellant, Mrs. Kiran Nashine, filed two appeals against the judgment and decree dated 30.09.2009 passed by the Joint Civil Judge, Senior Division...

High Court

Bombay High Court Allows Writ Petition Challenging Land Acquisition Under Urban Land Ceiling Act After Repeal — Possession Not Taken, Land Vests Back in Petitioners. Repeal Act of 1999 Applies as Possession Was Not Taken Under Section 10(5) of the 1976 Act Before Repeal.

6 Oct 2018

The petitioners, Gopalrao Shiva Ikhankar and others, filed a writ petition challenging the acquisition of their land under the Urban Land (Ceiling and...

High Court

Madras High Court Allows Official Assignee to Sell Insolvent's Property in Insolvency Proceedings — Property Not Subject to Prior Agreement of Sale as No Valid Contract Existed. The court held that the Official Assignee has the power to sell the insolvent's property free from an alleged agreement of sale that was not valid or enforceable under the Presidency Town Insolvency Act, 1909.

27 Feb 2026

The case involves an appeal filed by the Official Assignee of the High Court of Madras, representing the estate of Arjunlal Sunderdas (the insolvent),...

High Court

Bombay High Court Allows Refund of Stamp Duty on Cancelled Development Agreement Under Section 47(c)(5) of Maharashtra Stamp Act, 1958. Petitioner entitled to refund as transaction was cancelled before possession and within two years, not covered by Section 48 proviso.

3 Sep 2025

The Petitioner, M/s. Satyam Construction, entered into a Development Agreement on 2 June 2011 with Shri Rajiv Ghule and others for development of land...

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