Search Results for "decree absolute"

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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...
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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "decree absolute"

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High Court

High Court of Karnataka Allows Appeal in Specific Performance Case — Limitation Bar Overcome by Continuous Readiness and Willingness. Suit for specific performance of agreement of sale dated 11.5.1989 held not barred by limitation under Article 54 of Limitation Act, 1963 as no date fixed for performance and plaintiff was ready and willing.

17 Dec 2014

The appellant-plaintiff, M/S Universal Associates Developers & Promoters, filed a suit for specific performance of an agreement of sale dated 11.5.198...

High Court

High Court of Judicature at Bombay Decides Petitions for Enforcement and Setting Aside of Foreign Arbitration Award — Partial Award on Jurisdiction Upheld; Challenge under Section 34 Considered Inappropriate for Foreign Award. Enforcement of Award under Sections 44-49 Proceeded While Section 34 Petition Found Not Maintainable Against a Foreign Award Governed by English Law.

9 May 2014

The dispute arose from an agency agreement between Perma Container (UK) Line Limited (claimant), a UK company, and Perma Container Line (India) Pvt. L...

Supreme Court

Supreme Court Allows Appeal in Matrimonial Dispute Over Misappropriation of Stridhan. High Court's Reversal of Family Court's Findings on Custody and Misappropriation of Gold Jewellery Set Aside Due to Improper Reappreciation of Evidence.

24 Apr 2024

The appeal arises from a matrimonial dispute where the appellant-wife claimed that her gold jewellery (89 sovereigns) and Rs. 2,00,000 given by her fa...

Supreme Court

Supreme Court Allows Wife's Right to Reside in Matrimonial Home Under MHADA Scheme — Emphasizes Rehabilitation of Dishoused Occupiers. The Court held that the wife's right to residence is not absolute and must be balanced with the rights of co-owners and the terms of the redevelopment agreement under Section 95-A of the Maharashtra Housing and Area Development Act, 1976.

27 Apr 2020

The appellant, Aishwarya Atul Pusalkar, filed a writ petition before the Bombay High Court seeking enforcement of her right to reside in her matrimoni...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Sale Deed Held Outright, Not a Security Transaction. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

7 Feb 2020

The appeal arose from a suit for specific performance of an agreement of reconveyance. The plaintiff, A.S.C. Murthy, alleged that he borrowed money fr...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Disturbed. Agreement for Sale Contained Contradictory Clauses Regarding Time for Performance, and Plaintiff Failed to Prove Readiness and Willingness.

12 Feb 2024

The appellant (plaintiff) filed a Second Appeal against the concurrent dismissal of his suit for specific performance of an agreement for sale of a pl...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Gift Deed Void for Lack of Acceptance and Possession. The court held that a gift deed executed by a husband in favor of his second wife without acceptance and delivery of possession is void under Section 122 of the Transfer of Property Act, 1882, and the property remains joint family property subject to partition.

10 Jun 2022

The case involves a partition suit filed by Rakhamabai (first wife) and Ushabai (daughter) against Subhadrabai (second wife) and others. The deceased ...

High Court

Bombay High Court Allows Widow's Petition for Family Pension Despite Non-Recording in Service Book. Compromise Decree Declaring Her as Legal Wife Is Binding on Pension Authorities Under Maharashtra Civil Services (Pension) Rules, 1982.

12 Oct 2022

The petitioner, Bharti wd/o Gorakhnath Gaikwad, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High C...

High Court

Bombay High Court Allows Amendment in Specific Performance Suit Despite Earlier Rejection — Change in Compensation Amount Constitutes New Fact. The court held that a subsequent enhancement of compensation by the Arbitrator is a change in circumstances justifying a fresh amendment application under Order VI Rule 17 CPC.

29 Nov 2022

The petitioner/plaintiff filed a suit for specific performance of an agreement to sale dated 07.04.2007 for land admeasuring 1H 98R. During pendency, ...

High Court

Bombay High Court Dismisses Petition Challenging Execution of Decree in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Cannot Be Reopened in Writ Jurisdiction. The court held that the execution court cannot go behind the decree and that the writ court cannot re-appreciate evidence under Article 227 of the Constitution of India.

30 Nov 2022

The petitioners, legal representatives of the original defendant, filed a writ petition under Article 227 of the Constitution of India challenging the...

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