Search Results for "Constructive possession"

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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 "Constructive possession"

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High Court

Bombay High Court Dismisses Appeal in Partnership Act Suit — Unregistered Firm Cannot Sue for Injunction. Section 69(2)(a) of Indian Partnership Act, 1932 bars suit by unregistered firm for enforcement of rights arising from contract.

20 Apr 2005

The appellants, Abdul Jabar Mohammed Ishaq and another, were the original plaintiffs who filed a suit in the City Civil Court at Bombay against ten de...

Supreme Court

Supreme Court Allows Appeal in Tenancy Exemption Case — Trust Registration After Tillers' Day Does Not Bar Exemption Under Section 88B of Bombay Tenancy Act. The Court held that the exemption under Section 88B of the Bombay Tenancy and Agricultural Lands Act, 1948 applies to land belonging to an institution of public religious worship, regardless of when the trust was formally registered, and the tenants did not become deemed purchasers on Tillers' Day.

18 Sep 2019

The appeal arose from a judgment of the Bombay High Court that quashed an exemption certificate issued under Section 88B of the Bombay Tenancy and Agr...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Case — Order II Rule 2 CPC Bar Applicable for Successive Alienations. Two separate sale deeds by same vendor to same vendee on different dates constitute distinct causes of action, but suit for second alienation is barred if not included in earlier suit when cause of action was same.

10 May 2019

The Supreme Court considered an appeal against the High Court's judgment that set aside the concurrent findings of the trial court and first appellate...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale Due to Plaintiff's Failure to Prove Readiness and Willingness. The Court held that the plaintiff failed to establish that she was ready and willing to perform her part of the contract and that the termination of the agreement by the defendant was justified.

14 Jan 2010

The plaintiff, Kanchan Gopal Rohira, filed a suit against Nirman Construction Pvt. Ltd. and others seeking a declaration that the termination of an ag...

High Court

Bombay High Court Considers Maintainability of Civil Suit Challenging Registration of Land as Public Trust Under Bombay Public Trusts Act, 1950. The core issue pertains to whether the land is madad-mash inam, which falls outside the purview of the Trust Act, thus the civil court has jurisdiction.

13 Nov 2006

The second appeal arose from a civil suit filed by the original plaintiff (appellant) challenging the registration of his agricultural land as a publi...

Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Limitation and Cause of Action Are Triable Issues. Court holds that Order VII Rule 11 CPC application cannot be decided on disputed facts regarding knowledge of sale deeds and limitation.

9 Aug 2024

The Bombay High Court dismissed a Civil Revision Application filed by Defendant No.15 (M/s. Mahabharat Builders) challenging the trial court's order d...

Supreme Court

Supreme Court Allows State Appeals in Land Acquisition Lapse Case — Period of Interim Stay Must Be Excluded Under Section 11A of Land Acquisition Act, 1894. The Court held that the High Court erred in not excluding the period of interim stay while computing the two-year period for declaring the award under Section 11 of the Land Acquisition Act, 1894, and quashed the High Court's order that had declared the acquisition lapsed.

9 Aug 2019

The Supreme Court allowed the appeals filed by the State of Maharashtra against the judgment of the Bombay High Court (Aurangabad Bench) which had qua...

Supreme Court

Supreme Court Dismisses Developer's Appeals in Consumer Disputes Over Delayed Flat Possession -- NCDRC Orders Upheld for Completion, Compensation, and Costs Under Consumer Protection Act

20 Feb 2026

The Supreme Court addressed three civil appeals arising from NCDRC orders in consumer complaints filed by flat buyers against Parsvnath Developers Ltd...

High Court

High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

19 Sep 2016

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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