Search Results for "declaration decree"

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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...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "declaration decree"

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High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Confirms Refund of Earnest Money with Interest. Alternate relief of refund of earnest money can be granted even without a specific prayer for declaration that cancellation of agreement was illegal.

9 Jul 2026

The present Second Appeal challenges the judgment and decree dated 17th April 2025 passed in Regular Civil Appeal No.318 of 2017, whereby the appeal p...

High Court

High Court of Bombay at Goa Allows Appeal Against Rejection of Plaint in Property Dispute — Gift Deed Validity and Cause of Action Must Be Decided at Trial. The court held that allegations of nullity of gift deed and co-ownership disclose a cause of action, and plaint cannot be rejected under Order VII Rule 11(a) CPC at the threshold.

17 Jan 2024

The present appeal arises from an order dated 03/05/2023 passed by the learned trial court rejecting the plaint under Order VII Rule 11(a) of the Code...

High Court

High Court of Bombay at Nagpur Dismisses Bank's Revision Against Order Rejecting Application Under Order 7 Rule 11 CPC in Recovery Suits — Held That Plaint Discloses Cause of Action and Is Not Barred by Law. The court upheld the trial court's finding that the suits based on invocation of bank guarantees were within limitation and disclosed a cause of action.

5 Jun 2023

The present judgment arises from two Civil Revision Applications filed by the Regional Manager and Assistant General Manager of Union Bank of India (o...

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...

High Court

Bombay High Court Allows Appeal in Suit for Possession and Declaration of Title — Remand Order Set Aside for Failure to Decide Limitation and Jurisdiction Issues. First Appellate Court Must Decide All Issues Before Remanding Under Order 41 Rule 23 CPC.

5 Feb 2021

The present appeal from order was filed by the original defendants challenging the judgment and order passed by the learned District Judge-12, Auranga...

High Court

Bombay High Court Dismisses Appeal Challenging Civil Court Jurisdiction in Co-operative Society Property Dispute. Jurisdiction of Civil Court upheld over Co-operative Court for disputes involving title and possession of immovable property, not management or business of society.

11 Oct 2012

The appeal arose from a decision of a Learned Single Judge of the Bombay High Court dismissing three Notices of Motion taken out by the Sixth and Seve...

High Court

Bombay High Court Allows Appeal in Land Acquisition Compensation Dispute — Appellants Entitled to Compensation as Successors of Original Encroacher. Court holds that possession and cultivation by predecessor in title, coupled with lack of challenge by Comunidade, establishes entitlement to compensation under Land Acquisition Act, 1894.

18 Oct 2005

The case involves a dispute over compensation of Rs.14,33,618 for acquisition of 14,764 sq. metres of land belonging to the Comunidade of Aquem, acqui...

High Court

Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

11 Apr 2014

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...

Supreme Court

Supreme Court Allows Appeals for Enhancement of Compensation in Land Acquisition Case Due to Non-Consideration of Cross-Objections by High Court. High Court Failed to Adjudicate Cross-Objections Under Order 41 Rule 22 CPC, Leading to Remand for Fresh Consideration of Compensation Quantum Under Land Acquisition Act, 1894.

1 Jan 2023

The Supreme Court dealt with appeals arising from land acquisition proceedings initiated by the State Government of Uttar Pradesh for the development ...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit for Clubbing Properties in Different Jurisdictions. Section 17 CPC Does Not Permit a Single Suit for Separate Immovable Properties Situated in Different States.

6 Feb 2019

The appeal arose from a civil suit filed by the appellant (plaintiff) seeking declaration that two properties—one in Indore, Madhya Pradesh, and ano...

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