Search Results for "trial not barred"

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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...
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Search Results for "trial not barred"

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High Court

Bombay High Court Dismisses Second Appeal in Possession Suit, Upholds Concurrent Findings on Limitation and Adverse Possession. Court holds that mere possession for 12 years does not automatically bar the suit unless the defendant proves adverse possession against the true owner, and the plaintiff's suit filed within 12 years of knowledge of encroachment is within limitation.

3 Nov 2025

The case involves a second appeal filed by the original defendant, Mrs. Anjanabai Rajaram Gore, challenging the concurrent judgments and decrees of th...

High Court

Bombay High Court Dismisses Revision Against Rejection of Leave to Defend in Summary Suit for Recovery of Union Funds. Court holds that defendants failed to show a triable issue or bona fide defence under Order 37 CPC, as the suit was based on a settlement agreement and consent terms.

20 Feb 2015

The present Civil Revision Application was filed by the applicants (original defendants) challenging the order dated 20th January 2015 passed by the l...

High Court

Bombay High Court Dismisses Appeal Against Appointment of Receiver in Suit for Specific Performance — Appellant's Alienation of Property During Pendency of Suit Held Contumacious. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applied to Protect Plaintiffs' Rights.

30 Nov -0001

The appeal arose from an order appointing a Receiver over a property in a suit for specific performance and permanent injunction. The plaintiffs (resp...

High Court

Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Suit Dismissed as Barred by Limitation. Trial Court's Finding of Limitation Upheld; Decree for Refund Set Aside as Without Jurisdiction.

11 Oct 2023

The dispute arose from an agreement to sell dated 01.09.2004 and a final agreement dated 19.11.2004 between the plaintiff (respondent) and the defenda...

High Court

Bombay High Court Allows Appeal Against Dismissal of Amendment Application - Article 137 of Limitation Act Does Not Apply to Amendment of Pleadings Under Order 6 Rule 17 CPC. The court held that the right to apply for amendment arises when the need is discovered, not on filing of written statement, and allowed the amendment to avoid multiplicity of proceedings.

27 Feb 2013

The appeal arose from an order of the Learned Single Judge of the Bombay High Court dismissing a Chamber Summons for amendment of the written statemen...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Show Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

13 Aug 2019

The present second appeal was filed by the original plaintiffs (appellants) challenging the concurrent judgment and decree passed in Special Civil Sui...

High Court

High Court of Karnataka Allows Commercial Appeal in Part, Sets Aside Trial Court's Rejection of Rent Arrears Claim in Eviction Suit. The court held that the claim for arrears of rent from 01.04.2000 to 30.11.2021 was not barred by limitation as the tenancy continued and the suit was filed within three years from termination.

19 Dec 2025

The appellants, Smt. Sarojamma and others, filed a commercial suit (Com.O.S.No.124/2023) before the LXXXVII Additional City Civil and Sessions Judge, ...

High Court

High Court of Judicature at Bombay hears writ petition against order rejecting preliminary objection to show cause notice under Section 49(3) of FEMA – Petitioners challenge validity of notice on limitation ground. Interpretation of 'take notice' in Section 49(3) in light of Rule 3 of Adjudication Proceedings and Appeal Rules, 1974 is central.

16 Dec 2010

The dispute arose from a show cause notice issued by the Assistant Director, Enforcement Directorate on 31 May 2002, calling upon Star India Private L...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Property Dispute — Suit Not Barred by Limitation or Res Judicata. The court held that the question of limitation is a mixed question of law and fact and cannot be decided at the stage of rejection of plaint under Order VII Rule 11 CPC.

4 Sep 2020

The appellant, Siddesh B.T. Umesh, filed a suit (O.S.No.2366/2018) before the XII Additional City Civil and Sessions Judge, Bengaluru, seeking a decla...

High Court

High Court of Karnataka Dismisses Landlord's Revision Petition in Rent Control Eviction Case — Bonafide Requirement Not Proven. Landlord failed to establish that the schedule property was reasonably and bonafidely required for his own use and occupation under Section 27(2)(r) of the Karnataka Rent Act, 1999.

11 Aug 2023

The petitioner, Sri Krishnaprasad A., filed an eviction petition under Section 27(2)(r) of the Karnataka Rent Act, 1999, before the Chief Judge, Small...

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