Search Results for "going behind 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...
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 "going behind decree"

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High Court

High Court Quashes SC/ST Act Proceedings Against Accused No.2 Due to Lack of Specific Allegations and Absence of Intent to Humiliate on Caste Basis. The court held that vague and omnibus allegations without specific overt acts do not constitute an offence under Section 3(1)(r) of the SC/ST Act, 1989, and continuing proceedings would be an abuse of process.

24 Nov 2023

The petitioner, Mallinath @ Hawamallayyamuttya, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the co...

High Court

Bombay High Court Allows Husband's Petition to Quash Maintenance Order for Minor Daughter Due to Suppression of Receipt of Permanent Alimony. Wife's failure to disclose Rs.2,00,000 received as permanent alimony for herself and daughter in mutual divorce proceedings amounts to fraud on court, vitiating maintenance claim under Section 125 Cr.P.C.

27 Sep 2022

The petitioner husband and respondent wife obtained a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 on 10th O...

Supreme Court

Supreme Court Allows Partition Appeal and Remands for Fresh Consideration of Cross-objection. High Court's dismissal of cross-objection without merits set aside; matter remanded for adjudication of partition claims.

15 Jan 2020

The case involves a partition suit filed by the respondents (original plaintiffs) in O.S. No.73 of 2004 before the Additional Civil Judge, Hubli, seek...

High Court

High Court of Karnataka Allows Daughter's Partition Appeal Against Brother and Mother, Holding Father's Properties as Self-Acquired and Not Ancestral. Daughter Entitled to Equal Share Under Section 8 of Hindu Succession Act, 1956 as Will Not Proved.

20 Dec 2019

The appellant, M. Shobha, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree date...

High Court

Karnataka High Court Partially Allows Appeal in Partition Suit Involving Joint Family Property — Daughters Granted Equal Share as Sons Under Hindu Succession Act, 1956. The court held that the 2005 amendment to Section 6 of the Hindu Succession Act, 1956, granting daughters coparcenary rights, applies retrospectively to pending suits, and daughters are entitled to equal share in joint family property.

10 Oct 2019

The case involves a partition suit filed by the respondents (plaintiffs) against the appellants (defendants) seeking partition and separate possession...

High Court

Bombay High Court Dismisses Appeal Against Decree of Specific Performance of Contract for Sale — Agreement of Sale Validly Proved and Plaintiff Ready and Willing to Perform. Court upholds trial court's finding that defendant failed to prove that agreement was not executed or that plaintiff was not ready and willing to perform.

3 Jan 2019

The present appeal arises from a judgment and decree passed by the Civil Judge, Senior Division, Aurangabad in Special Civil Suit No.26/2014, whereby ...

High Court

Bombay High Court Allows Impleadment of Purchaser in Pending Eviction Suit — Lis Pendens Does Not Bar Impleadment Under Order 1 Rule 10 CPC. Purchaser of suit property during pendency of litigation is entitled to be impleaded to protect her interest, as the principle of lis pendens under Section 52 of Transfer of Property Act, 1882 only binds the purchaser by the decree, not prohibits impleadment.

19 Sep 2017

The petitioner, Minalini Lalit Modi, purchased the suit flat from the tenant (respondent no.2) during the pendency of an eviction suit filed by the la...

High Court

High Court of Karnataka Allows Second Appeal in Easement Rights Case — Prescriptive Easement Claim Upheld Based on Long User and Acquiescence. Court Restores Trial Court Decree Granting Declaration of Easement by Prescription and Permanent Injunction.

25 Apr 2016

The appellant, N. Vijendra Rao, filed a suit (O.S. No. 276/1994) before the Principal Civil Judge (Jr. Dn.), Mangalore, seeking a declaration of his a...

High Court

Bombay High Court Allows Second Appeal in Rent and Possession Dispute — Agreement of Sale Does Not Create Tenancy. The court held that an agreement of sale does not establish a landlord-tenant relationship, and the defendant's possession is permissive, not as a tenant under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

17 Jul 2014

The case involves a second appeal by the original plaintiff, Vithal Saidu Lokhande, against the judgment of the appellate court which set aside the tr...

High Court

Bombay High Court Allows Landlord's Appeal in Rent Control Case — Valid Service of Quit Notice Under Section 106 of Transfer of Property Act, 1882 Established. Tenant's Denial of Receipt of Notice Disbelieved as Notice Sent by Registered Post and Telegram.

26 Nov 2013

The case involves a landlord-tenant dispute over Block No.3 situated in a chawl at Railtoli, Gondia. The plaintiff-landlord, Surendrakumar Agrawal, fi...

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