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Search Results for "unregistered document"

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High Court

Bombay High Court Allows Revision and Restores Rejection of Plaint in Suit Based on Unregistered Agreement. Suit for Declaration of Ownership and Injunction Fails as Agreement Not Produced and Suit Time-Barred Under Article 58 of Limitation Act, 1963.

17 Feb 2024

The case involves a Civil Revision Application filed by Ajmera Enterprises (the applicant) against an order of the appellate court which had set aside...

High Court

Bombay High Court Dismisses Appeal Against Status Quo Order in Property Dispute. Agreement for Sale and Possession Receipt Establish Prima Facie Case for Plaintiff, Restraining Defendant No. 7 from Transferring Suit Property.

31 Oct 2023

The appeal challenges an order dated 11 October 2022 passed by the Extra Joint Civil Judge Senior Division, Nashik, granting temporary injunction in f...

High Court

Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award in Partnership Dispute — Upholds Validity of Unregistered Partnership Deed for Reference to Arbitration. Section 69(3) of the Indian Partnership Act, 1932 does not bar a suit for dissolution of an unregistered firm or for accounts if the partnership is established by other evidence.

25 Oct 2023

The case involves a dispute between the appellants (Azizur Rehman Gulam Rasool and Jabbar Gulam Rassol Jamal) and the respondents (M/s. Radio Restaura...

High Court

High Court of Karnataka Quashes Endorsement in Urban Land Ceiling Case — Petitioner's Land Not Subject to ULC Act as Proceedings Lapsed. The court held that the land in question was not vacant land on the appointed day and the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 had lapsed, rendering the impugned endorsement without jurisdiction.

26 Sep 2018

The petitioner, Miss Raksha R Acharya, claiming to be the owner of 60 cents of land in Sy.No.152/2 in Padavu village, Mangaluru Taluk, filed a writ pe...

High Court

Bombay High Court Allows Revision in Specific Performance Suit — Unregistered Partnership Firm Barred from Suit Under Section 69 of Indian Partnership Act, 1932. Plaintiff's admission of non-production of registration document leads to rejection of plaint under Order VII Rule 11 CPC.

22 Jun 2017

The petitioners, original defendants in a suit for specific performance of contract, filed a Civil Revision Application under Section 115 CPC challeng...

High Court

Bombay High Court Upholds Specific Performance Decree in Property Sale Dispute — Memorandum of Understanding Enforceable Despite Alleged Breach. Court affirms that time was not of essence and plaintiffs were ready and willing to perform, directing execution of sale deed upon deposit of balance consideration.

9 Aug 2016

The case involves a dispute over the specific performance of a Memorandum of Understanding (MOU) dated 18.09.1997 for the sale of immovable property. ...

High Court

High Court of Karnataka Appoints Arbitrator in Commercial Lease Dispute — Failure to Nominate Arbitrator Despite Arbitration Clause. Court held that under Section 11(6) of the Arbitration and Conciliation Act, 1996, where a party fails to appoint an arbitrator, the court may appoint one.

24 Jul 2013

The petitioner, Satyam Cineplexes Limited, a company engaged in managing multiplex cinema halls, entered into a Memorandum of Understanding (MOU) on 1...

High Court

Bombay High Court Dismisses Licensee's Challenge to Eviction Under Section 24 of Maharashtra Rent Control Act, 1999 — Purchaser of Property Can Maintain Eviction Application Against Licensee. Licensee Cannot Deny Licensor's Title After Expiry of Licence Period, and No Separate Notice Under Section 106 of Transfer of Property Act Is Required.

3 May 2010

The judgment concerns two writ petitions arising out of eviction orders passed under Section 24 of the Maharashtra Rent Control Act, 1999. In Writ Pet...

High Court

High Court of Bombay at Nagpur Dismisses Second Appeal in Eviction Suit — Unregistered Memorandum of Oral Partition Held Admissible to Prove Ownership. The court ruled that an unregistered memorandum of oral partition is admissible under Section 49 of the Registration Act, 1908 for collateral purpose of proving title, and that the appellant failed to raise substantial question of law in second appeal.

11 Jan 2010

The case involves a second appeal filed by Mahesh Shivlal Shahu (appellant) against the judgment and order dated 11.9.2009 passed by the District Judg...

Tribunals

NCLAT Dismisses Appeal Against Rejection of Section 7 Application for CIRP — Claimants Failed to Prove Debt and Default. The Tribunal held that the Appellants did not establish the existence of a financial debt or default, and the application was barred by limitation.

30 Nov -0001

The present appeal was filed by Vistra ITCL (India) Limited, Pratiti Trading Private Limited, and Gajendra Investment Limited (Appellants) against the...

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