Search Results for "substantial question of law"

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved and Suit Barred by Limitation. The court upheld concurrent findings that the plaintiff failed to prove the agreement and the suit was time-barred under Article 54 of the Limitation Act, 1963.

The appellant, Manohar Pamandas Jani, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decre...

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Bombay High Court Dismisses Second Appeal in Property Partition Suit, Upholding Concurrent Findings. Suit for Declaration and Permanent Injunction Decreed Based on Compromise Decree in Earlier Partition Suit.

The case involves a second appeal filed by the appellants (original defendants) against the judgment and decree of the Lower Appellate Court, which ha...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Upheld. No substantial question of law found under Section 100 CPC, as courts below correctly decreed possession and mesne profits under Order XX Rule 12 CPC.

The case arises from a suit for possession and mesne profits filed by the original plaintiff (now represented by respondents) against the original def...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Plaintiff's Title Based on Registered Deed. Registered document prevails over unregistered agreement; possession ordered to be handed over to the plaintiff.

The case involves a dispute over a flat in Pune. The plaintiff, Nanda Madhukar Yene, claimed she purchased the suit flat and obtained a registered Dee...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement for Sale Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The original plaintiff, Vijay Laxmipati Dasari (since deceased, represented by his legal heirs), filed a suit for specific performance of an agreement...

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Bombay High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court Held That Second Appeal Cannot Be Entertained on Reappreciation of Evidence When No Substantial Question of Law Arises.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment of the Principal District Judge, Ratnagiri, dismi...

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Bombay High Court at Goa Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration of ownership and injunction dismissed as appellants failed to prove title and possession over disputed property.

The case involves a second appeal filed by the appellants (original plaintiffs) against the judgment and decree of the first appellate court, which ha...

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Bombay High Court Dismisses Second Appeals in Property Dispute — Concurrent Findings of Fact Upheld. No substantial question of law arose as the appellant failed to prove title and possession over suit land.

The appellant, Bajirao Ramchandra Shelar, filed two second appeals (Second Appeal No.494 of 1990 and Second Appeal No.495 of 1990) against the judgmen...