Search Results for "separate suit maintainability"

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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 "separate suit maintainability"

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High Court

Karnataka High Court Holds Petition Under Section 482 CrPC Maintainable for In-Laws in Domestic Violence Act Case — No Order Passed by Magistrate, Hence Section 29 Appeal Not Available. In-Laws, Including Senior Citizens and Brother-in-Law, Allowed to Seek Quashing as Proceedings Under Section 12 of Protection of Women from Domestic Violence Act, 2005, Could Be Tested Under Inherent Jurisdiction.

28 Jun 2024

The matter arose from proceedings initiated by the respondent wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005 agains...

High Court

Karnataka High Court Allows Partition Appeal in Co-owner Dispute — Rejects Adverse Possession Claim. Court holds that a co-owner cannot claim adverse possession against another co-owner without ouster, and a suit for partition is not barred by limitation under Article 65 of the Limitation Act, 1963.

21 Oct 2019

The case involves a family dispute over property originally owned by M.A. Mohammed Ayoob. The appellant, Mohammed Hussain, filed a suit for partition ...

High Court

High Court of Karnataka considers appeal under Section 96 CPC against trial court's dismissal of suit for permanent injunction and grant of possession to defendants. Trial court held counterclaim for possession maintainable without separate declaration and that plaintiffs failed to prove lawful possession.

27 Jan 2020

The plaintiffs filed a suit for permanent injunction to restrain the defendants from alienating, demolishing, or dispossessing them from the suit sche...

High Court

Bombay High Court Overrules Res Judicata Objection in Admiralty Limitation Suit; Prior Withdrawal of Application Before Chinese Court Does Not Bar Fresh Suit Under Code of Civil Procedure, 1908.

8 Jan 2016

The dispute arose from a voyage of the vessel M.V. YURIY ARSHENEVSKIY, owned by Murmansk Shipping Company, a Russian entity, which was chartered to ca...

High Court

High Court of Judicature at Bombay Disposes of Two Writ Petitions and a Civil Application in a Property Dispute Involving Alleged Fraudulent Consent Decree. The Court Examined the Challenge to the Trial Court's Rejection of Applications to Stay and Set Aside the Consent Decree Passed in Favor of the Respondent in a Suit for Injunction.

28 Jan 2015

The case involves two writ petitions and a civil application arising out of a property dispute regarding two flats on the seventh floor of Flushel Apa...

High Court

Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

22 Sep 2022

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Transposition Application in Trust Dispute. Petitioner Failed to Establish Entitlement to Transpose Respondents as Plaintiffs Under Order I Rule 10 CPC.

13 Apr 2015

The petitioner, Sri D V Siddalingappa, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 05.01....

Supreme Court

Supreme Court Hears Reference on Interpretation of Section 9A CPC (Maharashtra Amendment) — Jurisdiction Includes Limitation. The court examines whether the expression 'jurisdiction of the Court to entertain such suit' under Section 9A includes the issue of limitation, doubting the correctness of Foreshore Cooperative Housing Society v. Praveen D. Desai.

4 Oct 2019

The Supreme Court considered a reference made by a Division Bench doubting the correctness of the decision in Foreshore Cooperative Housing Society Li...

High Court

High Court Hears Civil Revision Applications Against Appellate Order Upholding Obstructionist Right to Occupy Shops on Leased Land. Eviction Decree Against Tenants Did Not Automatically Extinguish Obstructionists' Possession Under Bombay Rent Act and Maharashtra Rent Control Act.

6 Apr 2026

These Civil Revision Applications were filed under Section 115 of the Code of Civil Procedure, 1908 challenging the common judgment and order dated 4 ...

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