Search Results for "civil suit dismissal"

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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...
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Search Results for "civil suit dismissal"

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High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit Against Foreign Sovereign and Union of India for Want of Consent Under Section 86 CPC and Being Time-Barred. Suit Against Sovereign Head of Netherlands Dismissed as Plaint Did Not Disclose Cause of Action and Was Barred by Limitation.

27 Feb 2013

The appellant, K.S. Dhondy, filed a suit in the Bombay High Court for recovery of US $25 million with interest against two respondents: Her Majesty th...

High Court

Madras High Court Dismisses Second Appeal in Suit for Permanent Injunction — Plaintiff Fails to Prove Possession Over Suit Property. The Court held that the plaintiff must succeed on the strength of his own title and possession, not on the weakness of the defendants' case, and that the concurrent findings of fact by the courts below cannot be interfered with under Section 100 CPC unless a substantial question of law arises.

20 Jan 2025

The plaintiff, Rajaraman, filed a suit for permanent injunction against the defendants, Ravi and Sekar, claiming that he was in possession and enjoyme...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Discretion to Grant Relief Upheld. Courts below correctly exercised discretion to decree specific performance of agreement to sell agricultural land based on credible evidence of payment and readiness.

8 Dec 2023

The case involves a second appeal filed by the original defendant (appellants) against the judgment and decree passed in First Appeal No. 260/2014 by ...

High Court

Bombay High Court Upholds Cancellation of Agreement of Sale Due to Cheque Dishonour — Defendant Ordered to Vacate Premises on Refund of Advance. Agreement Contained Specific Clause That Dishonour of Cheque Would Result in Cancellation and Vacant Possession.

18 Aug 2010

The case involves a dispute over an agreement of sale for a flat. The plaintiff, Ranjana Rajendra Vadnere, entered into an agreement with the defendan...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Encroachment and Adverse Possession — Mud-Ridge Boundary and Survey Error Lead to Reversal of Appellate Decree. The court held that the appellate court erred in reversing the trial court's decree as the plaintiff proved title and possession, and the defendants failed to establish adverse possession.

6 Dec 2013

The appellant, Bento Antonio Gomes, filed a suit for possession and permanent injunction against the respondents, alleging that a recent survey errone...

High Court

Bombay High Court Decides Legal Question on Production of Documents for Cross-Examination of Party Under CPC. The Court Interprets Order XIII Rule 1(3)(a) and Whether a Party is a 'Witness' for Purposes of Confronting with Documents Not Filed Earlier.

15 Sep 2017

This writ petition under Article 227 of the Constitution of India challenged an order dated 28 September 2016 passed by the Civil Judge, Junior Divisi...

Supreme Court

Supreme Court Reinstates Suit Filed by Legal Heirs in Partnership Dispute, Overturning High Court's Rejection of Plaint. The Court held that the plaint disclosed a cause of action under Order VII Rule 11 of the Code of Civil Procedure, 1908, and issues of partnership dissolution and legal heirs' rights under the Indian Partnership Act, 1932, are mixed questions of fact and law to be decided at trial.

21 Sep 2021

The dispute arose from a civil suit filed by the legal heirs of deceased partners of the partnership firm 'Soorajmull Nagarmull', seeking declarations...

High Court

Bombay High Court Allows Second Appeal in Suit for Permanent Injunction Based on Possession — Finds Concurrent Findings of Courts Below Suffer from Perversity and Non-consideration of Material Evidence. The High Court held that the plaintiff failed to prove possession, and the courts below erroneously placed the burden on the defendant.

5 Aug 2016

The appellant, original defendant No.2, Smt. Manda Purushottam Zatte, filed a second appeal against the judgment and decree of the District Court, Yav...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit for Lack of Proof of Joint Family Property. Court holds that the burden to prove that property is joint family property lies on the party asserting it, and mere joint family status does not create a presumption.

20 Dec 2019

The case involves a partition suit filed by the appellants (plaintiffs) claiming that the suit schedule properties are joint family properties of the ...

High Court

Bombay High Court Allows Second Appeal in Suit for Permanent Injunction Due to Misapplication of Order 7 Rule 3 CPC — Trial Court Erred in Dismissing Suit for Property Description Mismatch Without Considering Evidence of Possession and Title. The High Court held that the courts below misapplied Order 7 Rule 3 CPC as the plaintiff had established purchase and possession of the suit property.

3 Jan 2020

The appellant, original plaintiff, filed a suit for permanent injunction to restrain the defendants from obstructing her cultivating possession over s...

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