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Search Results for "civil suit dismissal"

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High Court

Bombay High Court Dismisses Second Appeal in Mortgage Recovery Suit — No Substantial Question of Law Arises. Transfer of Mortgage Rights Requires Proper Registration Under Section 17 of Registration Act, 1908.

5 Mar 2014

The appellant, Milagres Sales Coutinho, filed a second appeal before the Bombay High Court at Goa challenging the judgment and order dated 22.06.2012 ...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Plaint in Real Estate Dispute — RERA Bar Under Section 79 Applies to Civil Suits for Possession and Damages. The court held that a civil suit for possession and damages against a developer is barred by Section 79 of the Real Estate (Regulation and Development) Act, 2016, as the dispute falls within the purview of the Real Estate Regulatory Authority.

20 Dec 2024

The case involves a dispute between M/s H.M. Infra Tech Pvt. Ltd. (formerly a partnership firm) and the H.M. Tamborine Apartments Owners Association a...

High Court

Bombay High Court Allows Petition in Rent Fixation Case — Interim Rent Order Set Aside as Section 8(4)(a) of Maharashtra Rent Control Act, 1999 Applies Only to Suits for Recovery of Rent, Not to Suits for Fixation of Standard Rent. The court held that the power to fix interim rent under Section 8(4)(a) is available only in a suit for recovery of rent, and not in a suit for fixation of standard rent under Section 8 of the Act.

2 Feb 2023

The respondent/landlord filed Regular Civil Suit No.290 of 2016 under Section 8 of the Maharashtra Rent Control Act, 1999 for fixation of standard ren...

High Court

Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Decree for Bona Fide Need of Landlord's Son. Eviction upheld under Section 16(1)(g) of Maharashtra Rent Control Act, 1999 as landlord's son required the suit premises for his independent business.

6 Apr 2023

The petitioner, M/s. Khandelwal Steel & Pipe Distributors, a partnership firm, was a tenant in a three-storied house property owned by the respondents...

High Court

Bombay High Court Dismisses Second Appeal in Property Injunction Case - Possession Sufficient for Injunction Without Title. Perpetual Injunction Granted to Plaintiffs in Possession of Open Land Despite Ownership Being Recorded in Defendants' Name Under Section 38 of Specific Relief Act, 1963.

27 Apr 2012

The case involves a property dispute over an open land described as IB out of CTS No. 499, situated in front of CTS Nos. 498, 500, and 501 in Masuchiw...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Finds Substantial Question of Law on Adverse Possession and Limitation. The court held that the trial court and first appellate court erred in dismissing the suit for possession based on title without properly considering the plea of adverse possession and the applicability of Article 65 of the Limitation Act, 1963.

30 Nov -0001

The case involves a second appeal filed by the legal heirs of the deceased plaintiff against the judgment and decree of the first appellate court, whi...

High Court

Bombay High Court Dismisses Appeal as Withdrawn in Company Law Dispute Over Shareholding and Project Implementation. Parties Agreed to Settle Dispute and Withdraw Appeal, Resulting in Dismissal Without Adjudication on Merits.

13 Jan 2005

The present appeal was filed under Section 10F of the Companies Act, 1956 against an order of the Company Law Board dated 8.12.2000. The dispute perta...

High Court

Bombay High Court Allows Second Appeal in Licensor-Licensee Dispute — Civil Court Lacks Jurisdiction Under Section 26(2) of Provincial Small Causes Courts Act, 1887. The suit for possession based on temporary license is exclusively triable by Small Causes Court, not Civil Court.

7 Apr 2014

The appellant (original defendant) challenged the concurrent findings of the trial court and first appellate court in a suit for possession filed by t...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Dismissal in Property Declaration Suit. Civil Revision under Section 115 CPC fails as the trial court's refusal to reject plaint under Order VII Rule 11 CPC was not shown to be without jurisdiction or suffering from material irregularity.

21 Sep 2018

The petitioners, who were defendants in a suit for declaration and deletion of name from revenue records, filed a Civil Revision Application under Sec...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Court holds that a suit for specific performance of an agreement to sell is not barred by limitation when the agreement is undated and the plaintiff alleges continuous readiness and willingness.

20 Aug 2011

The appellant, Sunil Agrawal, filed Special Civil Suit No. 510 of 2010 in the court of Civil Judge, Senior Division, Aurangabad, seeking specific perf...

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