Search Results for "four year limitation"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "four year limitation"

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High Court

Bombay High Court Sets Aside Order Rejecting Plaint in Suit for Specific Performance; Rule 11 CPC Rejection Not Permissible if Any Relief Survives. Court held that notice dated 02/08/2016 did not constitute conclusive refusal of performance under Article 54 Limitation Act because respondents called upon appellants to cancel agreement, and reply dated 18/01/2022 acknowledging refund showed agreement subsisting.

9 Jul 2025

The dispute arose from a registered agreement to sell executed on 12/06/2015 between the appellants (purchasers) and respondents (sellers) regarding s...

High Court

Bombay High Court Dismisses Second Appeal by Stranger Purchasers Against Decree of Specific Performance — Upholds Rejection of Condonation of 1869 Days Delay. The Court held that a stranger purchaser claiming through a defendant cannot seek condonation of inordinate delay without showing sufficient cause, and the lower appellate court's refusal to condone delay was not erroneous.

21 Feb 2020

The case arises from a second appeal filed by Narayansingh s/o Omkarsingh Baghel and Roshan son of Narayansingh Baghel (appellants) against an order d...

High Court

High Court of Judicature at Bombay Considers Section 34 Petition Challenging Arbitral Award on Grounds of Jurisdiction and Limitation. Dispute involves multiple hotel management agreements and the applicability of arbitration clauses after partial setting aside of a prior award.

17 Dec 2025

The dispute arises from a series of hotel management agreements concerning a hotel at Lonavala owned by petitioner Laguna Resorts Pvt. Ltd. (formerly ...

High Court

High Court of Bombay at Goa Allows Appeal by Complainant Society in Cheque Dishonour Case — Acquittal Set Aside Due to Limitation Error and Failure to Rebut Presumption. The court held that the complaint was within limitation and the accused did not rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881 that the cheque was issued for a legally enforceable debt.

22 Jun 2010

The appellant, VPK Urban Co-operative Credit Society Limited, filed a criminal appeal against the acquittal of the accused, Narayan S. Naik, by the Ju...

High Court

Bombay High Court Dismisses Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Courts Below. The Court held that the appellant-defendant failed to prove exclusive title by adverse possession and that the suit was not barred by limitation under Article 65 of the Limitation Act, 1963.

6 Jan 2016

The dispute pertains to a suit for partition and separate possession of agricultural lands filed by the original plaintiff (respondent no.1) against t...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Suit for Specific Performance and Injunction — Held that Plaint Discloses Cause of Action and is Not Barred by Limitation. The court held that the plaint cannot be rejected under Order VII Rule 11 CPC as the suit is within limitation and discloses a cause of action.

16 Jul 2016

The case involves a Notice of Motion filed by Defendant No. 11, Lily Realty Private Limited, in a suit for specific performance and injunction. The pl...

High Court

Madras High Court Dismisses Appellants' Second Appeal in Specific Performance Suit — Concurrent Findings Upheld Despite Suit Filed on Last Day of Limitation. The court held that delay in filing suit does not bar specific performance if plaintiff is ready and willing, and oral evidence to contradict written agreement is inadmissible under Section 92 of Evidence Act without pleading fraud or mistake.

17 Jul 2026

The appellants, defendants in a suit for specific performance, challenged the concurrent findings of the Trial Court and First Appellate Court which d...

High Court

Bombay High Court Considers Chamber Summons to Set Aside Abatement of Arbitration Petition and Condonation of Delay. Application Filed Under Order 22 Rule 9 of Code of Civil Procedure, 1908 to Bring Legal Representatives of Deceased Parties on Record.

15 Feb 2013

The Chamber Summons was filed under Order 22 Rule 9 of the Code of Civil Procedure, 1908, seeking to set aside the abatement of Arbitration Petition N...

High Court

Bombay High Court Strikes Down Rule 90(3) of CGST Rules as Ultra Vires in Refund Re-Application Case. Rule 90(3) requiring fresh refund application within two years of relevant date held inconsistent with Section 54 of CGST Act, 2017.

10 Jan 2022

The petitioner, Saiher Supply Chain Consulting Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging the constit...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

11 Feb 2020

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

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