Search Results for "Conflicting decrees"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Conflicting decrees"

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High Court

Bombay High Court Dismisses Husband's Divorce Appeal and Allows Wife's Restitution Appeal in Hindu Marriage Act Case — Mental Cruelty and Epilepsy Not Proven as Grounds for Divorce. The court held that allegations of cruelty and mental disorder must be proved by independent evidence, and epilepsy without unsound mind is not a ground for divorce under Section 13(1)(iii) of the Hindu Marriage Act, 1955.

26 Sep 2023

The case involves two cross-petitions between Harish @ Roshan Bhaskar Karnewar (husband) and Leelavati @ Reena Karnewar (wife). The husband filed Peti...

High Court

Bombay High Court Allows Second Appeal in Partition Suit Due to Abatement — Failure to Bring Legal Representatives of Deceased Party on Record Renders Appeal Void. The court held that in a partition suit, the death of a co-sharer without substitution of legal representatives leads to abatement of the entire appeal, and any decree passed thereafter is null and void under Order 22 Rule 4 of the Code of Civil Procedure, 1908.

24 Mar 2021

The case arises from a partition suit filed by the respondent-plaintiff (Smt. Dhanuben Rathod) against her brothers and sisters, seeking partition and...

High Court

Bombay High Court Allows Maintenance to Second Wife in Bigamous Marriage Under Hindu Marriage Act, 1955 — Section 25 Entitles a Woman Whose Marriage is Declared Null and Void to Claim Maintenance Despite Invalidity of Marriage

3 May 2010

The case involves an appeal by Mangala Bhivaji Lad (also known as Mangala Dhondiba Aher) against the judgment of the Family Court, Mumbai, which decla...

High Court

Bombay High Court Overrules Earlier View on Small Cause Court Jurisdiction — Holds That Investment Under Section 28 of Bombay Civil Courts Act, 1869 Does Not Confer Unlimited Pecuniary Jurisdiction. The court ruled that the pecuniary ceiling under Section 26 of the Provincial Small Cause Courts Act, 1887 applies to courts invested with small cause powers under Section 28 of the 1869 Act, overruling Salimkhan v. Mohammad Ibrahimkhan.

5 Oct 2010

The case arose from a reference by a learned Single Judge (Shri B.P. Dharmadhikari, J.) who disagreed with an earlier decision in Salimkhan v. Mohamma...

High Court

NOTICE OF MOTION COMMERCIAL DIVISION NO. 196 OF 2018

27 Feb 2019

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High Court

Bombay High Court Allows Second Appeal in Partition Suit — Finds Substantial Question of Law on Adverse Possession and Limitation. The court held that the trial court and first appellate court erred in not considering the defendant's claim of adverse possession and the suit being barred by limitation under Article 65 of the Limitation Act, 1963.

4 Jun 2019

The present second appeal arises from a suit for partition and separate possession filed by the original plaintiffs (respondents) against the original...

High Court

Bombay High Court Dismisses Writ Petition Challenging Registration of New Cooperative Society Under Maharashtra Cooperative Societies Act, 1960 — No Violation of Natural Justice Found as Petitioner Failed to Show Prejudice. The Court held that even if there was a breach of natural justice, the petitioner must demonstrate prejudice, which was not done.

30 Nov -0001

The petitioner, Hiradgaon Vividh Karyakari Seva Sahakari Society Ltd., an existing cooperative society, filed a writ petition challenging the registra...

High Court

Bombay High Court Dismisses Second Appeal in Trust Dispute Over Appointment of Trustees. Court upholds District Judge's order rejecting application for removal of trustees under Section 41A of Bombay Public Trust Act, 1950, finding no breach of trust or mismanagement.

23 Apr 2014

The case involves a dispute over the management of the Anjuman Urdu Education Society, a trust registered under the Bombay Public Trust Act, 1950. The...

High Court

Bombay High Court Allows Appeal Against Decree on Admission in Lease Dispute Over Overlapping Land Allotments. Order XII Rule 6 CPC Decree Set Aside as Lease Deeds Pertained to Different Survey Numbers and No Clear Admission of Liability Was Made.

28 Oct 2014

The appeal arose from an order and judgment of a learned Single Judge of the Bombay High Court granting a decree on admission under Order XII Rule 6 o...

High Court

Bombay High Court Dismisses Petition Challenging DRAT Order in SARFAESI Act Matter with Heavy Costs. Petitioners' attempt to redeem mortgaged property for a fraction of the outstanding debt held to be an abuse of process.

10 Aug 2015

The petitioners, Mr. Dipak Digambar Naik and others, filed a writ petition in the Bombay High Court challenging an order dated 12th March 2015 passed ...

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