Search Results for "possession and enjoyment"

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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...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "possession and enjoyment"

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High Court

Bombay High Court Allows Appeal Against Dismissal of Injunction Motion in Possession Suit — Prima Facie Case Established for Protection of Possession Without Adjudicating Title. Long-Standing Possession Supported by Documentary Evidence and Threat Notice Warrants Injunction Against Dispossession Without Due Process.

17 Sep 2013

The appellant-original plaintiff, Azeem Jagani, filed a suit in the City Civil Court, Dindoshi, Mumbai, seeking a permanent injunction against the res...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Partition Suit — Deletion of Possession Averments Before Trial Does Not Alter Nature of Suit or Cause Prejudice. Amendment Allowed Under Order VI Rule 17 CPC as Plaintiff Sought to Remove Inconsistent Claim Regarding Possession While Still Seeking Partition and Possession.

12 Dec 2022

The petitioner, Shashikant Dhondiram Kalaskar, who is defendant no.2 in Regular Civil Suit No.969 of 2017 pending before the Jt. Civil Judge Junior Di...

High Court

Bombay High Court Dismisses Petition by Lessee in Lease Renewal Dispute Due to Failure to Prove Timely Notice. Option to Renew Lease Must Be Exercised Before Expiry of Original Term; Notice Given After Expiry Is Invalid Under Clause 3(c) of Lease Deed.

18 Jul 2006

The case involves a lease deed dated 27th August 1956 between Burmah Shell Oil Storage & Distributing Company of India Ltd. (predecessor-in-title of t...

High Court

Madras High Court Sets Aside Conditional Order in Section 8 Application — Trial Court Exceeded Jurisdiction by Imposing Conditions While Referring Dispute to Arbitration. The court held that under Section 8 of the Arbitration and Conciliation Act, 1996, the court's role is limited to referring parties to arbitration and cannot impose interim conditions, which are governed by Sections 9 and 17 of the Act.

23 Jan 2026

The case arises from a civil revision petition filed by the defendants (petitioners) against an order of the Principal District Munsif at Puducherry d...

High Court

Madras High Court Dismisses Appeal by Forest Dwellers in Forest Rights Act Case — Upholds Rejection of Claims Due to Lack of Evidence of Continuous Occupation Prior to 2005. The court held that the burden of proof lies on claimants under Section 3(1) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and that the writ petition was not maintainable as an alternative remedy of appeal under Section 8 was available.

10 Mar 2026

The appellants, 21 individuals claiming to be forest dwellers, filed a writ petition before the Madras High Court challenging an order dated 10.03.202...

High Court

High Court of Karnataka Quashes Lok Adalat Compromise Decree in Partition Suit Due to Fraud and Non-Compliance with Section 20 of Legal Services Authorities Act, 1987. Petitioner, a 76-year-old widow and non-party to the compromise, successfully challenged the decree as her share was affected without her consent.

24 Jun 2026

The petitioner, Smt. Mangal W/o Iragouda Patil, a 76-year-old widow, filed a writ petition under Articles 226 and 227 of the Constitution of India cha...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Daughter's Right to 1/6th Share in Self-Acquired Property. The court held that the suit properties were self-acquired by the mother and not ancestral, and that daughters are entitled to equal share under Hindu Succession Act, 1956.

19 Feb 2024

The case involves a Regular First Appeal filed by Defendant Nos. 1 and 5, father and son, against the judgment and decree dated 18.12.2015 passed by t...

High Court

Bombay High Court Dismisses Revision in Land Acquisition Map Dispute — Civil Court Jurisdiction Upheld. The court held that a suit challenging a land acquisition map is not barred by Section 4 of the Land Acquisition Act, 1894, as the map is not an award.

26 Feb 2018

The petitioner, original defendant No.7, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the or...

High Court

Madras High Court Dismisses Second Appeal in Property Dispute — Confirms Plaintiff's Title and Right to Recovery of Possession. Partition Deed and Revenue Records Establish Ownership; Permissive Occupation Revocable at Will.

22 Jan 2025

The second appeal arose from a suit for declaration, recovery of possession and mandatory injunction filed by the plaintiff K.Saroja Ammal against the...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Retrospective Application of Amendment Deleting Section 23 of Hindu Succession Act. Female Heirs Entitled to Partition of Dwelling House as Amendment Removes Disability and Applies to Pending Appeals.

23 Sep 2011

The case involves a partition suit filed by Respondent No.1 (original plaintiff) against her brothers, including the Appellant (original defendant No....

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