Search Results for "voidable title"

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Search Results for "voidable title"

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High Court

Madras High Court Allows Revision Petition in Partition Suit — Court Fee Dispute Under Section 37(2) of Tamil Nadu Court-Fees and Suits Valuation Act, 1955. Held that when plaintiff seeks declaration of title and cancellation of documents, court fee is computed on the basis of the relief of partition and not on the value of the property.

6 Jan 2026

The case involves a civil revision petition filed by the first defendant in a partition suit challenging the trial court's order regarding court fee. ...

Supreme Court

Supreme Court Sets Aside Arbitral Award for Unexplained Delay and Unworkability - Restores Parties to Original Positions Under Article 142. Unexplained delay of over three years in pronouncing award and failure to finally settle disputes renders award contrary to public policy under Section 34 of Arbitration and Conciliation Act, 1996.

1 Jan 2025

The Supreme Court of India considered two civil appeals arising from an arbitral award that was reserved on 28.07.2012 but pronounced only on 16.03.20...

Supreme Court

Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

9 Jul 2024

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Property by Co-operative Bank Under Section 101 of Maharashtra Co-operative Societies Act, 1960 — Auction Sale Confirmed Despite Alleged Irregularities as Petitioner Failed to Prove Fraud or Collusion.

7 Apr 2021

The petitioner, M/s. Priyesh Land Developers, a partnership firm, filed a writ petition challenging the auction sale of its property by the respondent...

High Court

Bombay High Court Dismisses Appeal in Partnership Dispute — Upholds Trial Court's Finding of No Partnership and Dismissal of Suit for Accounts. Court holds that mere sharing of profits does not establish a partnership under the Indian Partnership Act, 1932, and that the plaintiff failed to prove the existence of a partnership agreement.

27 Mar 2015

The appellant, Prem Kaliaandas Daryanani, filed a suit for dissolution of partnership and accounts against the respondents, alleging that they were pa...

High Court

Bombay High Court Allows Impleadment of Legal Heirs and Grants Leave to Continue Proceedings in Specific Performance Suit. Transfer of Property During Pendency of Lis Pendens Does Not Affect Rights of Parties Under Order 22 Rule 4 and Rule 10 CPC.

27 Aug 2014

The Plaintiff, Nirav Deepak Modi, filed Suit No. 1166 of 2006 for specific performance of an agreement for sale concerning a suit property. The suit w...

High Court

Karnataka High Court Dismisses Appellant's Specific Performance Suit for Lack of Readiness and Willingness — Agreement Holder Not Entitled to Equitable Relief. Concurrent findings affirmed that appellant failed to prove readiness and willingness under Section 16(c) of Specific Relief Act, 1963.

19 Aug 2014

The dispute pertains to a house property allotted by the Karnataka Housing Board (KHB) to the respondent, Venkateshulu, in 1989. The appellant, Smt H ...

High Court

Karnataka High Court Dismisses Appeals and Cross Objection in Specific Performance and Possession Dispute Over KHB Allotted House. Agreement Holder Fails to Prove Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

19 Aug 2014

The case involves a dispute over a house property allotted by the Karnataka Housing Board (KHB) to the respondent, Venkateshulu, in 1989. The appellan...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Over Sham Sale Deed — Suit for Declaration Without Seeking Cancellation of Sale Deed Held Maintainable Under Section 31 of Specific Relief Act, 1963. The Court held that a suit for declaration that a sale deed is sham and nominal does not require cancellation under Section 31 of the Specific Relief Act, 1963, as the plaintiff only seeks to declare the true nature of the document.

8 Feb 2011

The appellant-defendant challenged the concurrent findings of the trial court and first appellate court in a suit filed by the respondent-plaintiff. T...

High Court

Bombay High Court Allows Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings Set Aside for Failure to Consider Adverse Possession and Limitation. The court held that the plaintiff's suit was barred by limitation under Article 65 of the Limitation Act, 1963, as the defendant had perfected title by adverse possession for over 12 years.

17 Jan 2011

The appellant (original plaintiff) filed a suit for possession and mesne profits against the respondent (original defendant) in respect of agricultura...

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