Search Results for "contradictory pleadings"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "contradictory pleadings"

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High Court

Bombay High Court Allows Petition Challenging Rejection of Temporary Injunction in Property Dispute — Finds Trial Court and Appellate Court Failed to Properly Consider Prima Facie Case and Balance of Convenience. The court held that a person in long possession is entitled to protection against dispossession without due process, and the appellate court must independently re-appreciate evidence.

17 Jan 2023

The petitioner, Pushpa Laxman Vartak, filed a writ petition challenging the orders of the trial court and appellate court refusing her application for...

High Court

Bombay High Court Dismisses Appeal Against Grant of Liberty to Withdraw Suit Under Order 23 Rule 1(3) CPC — Appeal Not Maintainable Under Section 13 of Commercial Courts Act, 2015. The order granting leave to withdraw with liberty to file fresh suit is not a 'judgment' under Section 13 of the Commercial Courts Act, 2015, and hence no appeal lies.

11 Mar 2022

The Appellant, Resilient Innovations Private Limited, filed an appeal under Section 13 of the Commercial Courts Act, 2015, challenging an order of the...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit — Licensee Cannot Claim Ownership After Gratuitous Entry. Court upholds decree for possession based on valid termination of license under Section 62 of the Indian Easements Act, 1882, rejecting inconsistent defences of ownership and adverse possession.

12 Apr 2019

The case involves a dispute over possession of a house in Mahabaleshwar. The plaintiff, a member of a low-income housing society, constructed the suit...

High Court

Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Dispute — No Grounds for Revocation Under Section 263 of Indian Succession Act, 1925. Concealment of Material Facts Not Established; Court Had Jurisdiction as Deceased's Fixed Place of Abode Was in Mumbai.

5 Apr 2019

The petitioner, Kamal Prasad, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking revocation of Letters of Administration g...

High Court

Bombay High Court Quashes FIR in Outraging Modesty Case Due to Inordinate Delay and Lack of Credible Evidence. Complaint filed after 8 months without explanation for delay and with contradictory statements leads to quashing under Section 482 CrPC.

13 Mar 2015

The petitioner, Dr. Prakash Kanhayalal Kankaria, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking qua...

High Court

Bombay High Court Dismisses Landlord's Revision in Eviction Case Based on Non-User — Tenant's Ill Health Constitutes Reasonable Cause Under Section 16(1)(n) of Maharashtra Rent Control Act, 1999. The court held that the landlord failed to prove that the tenant's non-user of the premises was without reasonable cause, as the tenant's explanation of suffering from paralysis and heart ailment was plausible and unrebutted.

27 Apr 2012

The case involves a Civil Revision Application filed by the landlord, Gopaldas Khushaldas Parmar, challenging the judgment and order dated 21st July 2...

High Court

Bombay High Court Dismisses Appeal in Trade Union Dispute — No Interference with Industrial Court's Discretionary Order. The Court held that the Single Judge rightly declined to interfere under Article 227 of the Constitution as the Industrial Court's order granting interim relief under Section 28/2 of the Trade Union Act, 1926 was not perverse or without jurisdiction.

21 Apr 2011

The appellant, Niranjankumar Shah, General Secretary of Lal Zenda Coal Mines Majdoor Union (CITU), filed a Letters Patent Appeal against the judgment ...

High Court

Bombay High Court Orders Restoration of Possession Under Section 6 of Specific Relief Act for Forcible Dispossession. Plaintiff Proved Prior Possession and Forcible Ouster by Defendant with Armed Men, Entitling Him to Summary Remedy Without Proof of Title.

11 Aug 2005

The plaintiff, Om Nath Chudamani Sharma, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of possession of Flat No. ...

High Court

Bombay High Court Dismisses Petitioners' Challenge to Arbitral Award in Family Property Dispute — Consent Terms Valid as Arbitration Agreement. Court holds that consent terms recorded in earlier proceedings constitute a valid arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996, and that the arbitral tribunal did not err in awarding interest on delayed payment of consideration.

30 Nov -0001

The case involves two writ petitions filed by the petitioners, Narendra Ramprakash Podar and others, challenging an arbitral award dated 30 September ...

High Court

Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim adverse possession against another co-owner unless there is clear ouster and hostile title asserted.

30 Nov -0001

The case involves a property dispute between two brothers, Gurudayalsing Bindra (original defendant, now represented by his legal representatives as a...

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