Search Results for "summary eviction"

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Search Results for "summary eviction"

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High Court

Bombay High Court Allows Revision in Legal Heirship Certificate Case Under Bombay Regulation VIII of 1827 — Holds That Objections Based on Title to Property Cannot Be Decided in Summary Proceedings for Heirship Certificate. The court set aside the dismissal of the application and remanded the matter for fresh consideration limited to the question of legal heirship.

3 Oct 2023

The appellant, Yusufunissabegum @ Fauzia Tanvir, filed an application under Bombay Regulation VIII of 1827 seeking a legal heirship certificate in res...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

Supreme Court

Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

24 Apr 2020

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

High Court

Bombay High Court Dismisses Writ Petition Against Rejection of Order 7 Rule 11 CPC Application in Eviction Suit — Maintainability Under Article 227 Not Available When Revision Under Section 115 CPC Lies. Composite Application Including Issues Beyond Plaint Rejection Does Not Convert Order into One Not Subject to Revision.

18 Dec 2019

The petitioner, Jasraj Lalaji Oswal, was the defendant in Civil Suit No. 9 of 2016 filed by the respondents (plaintiffs) seeking his eviction. In that...

High Court

High Court of Karnataka Allows Amendment of Plaint in Civil Suit for Permanent Injunction to Include Alternative Relief of Specific Performance. Pre-trial amendment under Order 6 Rule 17 CPC should be liberally allowed if no prejudice is caused to the opposite party.

18 Jan 2017

The petitioner, Shri Bhramappa S/o Parappa Savadi, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order...

High Court

Bombay High Court Allows Writ Petition Challenging Revenue Tribunal Order in Land Dispute — Remands Matter for Fresh Consideration on Merits. Held that the Member, Maharashtra Revenue Tribunal, failed to consider the petitioners' application for amendment and did not adjudicate the appeal on merits, violating principles of natural justice.

1 Aug 2012

The petitioners, Maheboobsab Husainsab Ladaf and others, filed a writ petition before the Bombay High Court challenging an order dated 18th August 201...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Impleadment Application in Suit Challenging MHADA Notice. The court held that the petitioner, a company, was not a necessary or proper party to the suit between tenants and MHADA and had no right to be impleaded.

6 Jul 2012

The petitioner, Orbit Corporate Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 9-2-2012 pass...

High Court

Bombay High Court Dismisses Daughter-in-Law's Appeal Against Eviction Decree in Property Dispute. Court Holds That Daughter-in-Law Has No Independent Right to Reside in Father-in-Law's Self-Acquired Property After Husband's Death, Upholding Trial Court's Decree for Mandatory Injunction.

15 Mar 2005

The appellant, Jagruti K. Thakar, was the original defendant No.1 in a suit filed by her father-in-law, Dhanubhai Thakar (respondent No.1), seeking a ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Land Dispute — No Jurisdictional Error Found in Revenue Authorities' Orders Under Maharashtra Land Revenue Code. The court upheld the concurrent findings of possession recorded by the Sub-Divisional Officer and the Maharashtra Revenue Tribunal under Sections 145 and 147 of the Maharashtra Land Revenue Code, 1966, as the findings were based on evidence and not vitiated by any error of law.

30 Nov -0001

The petitioners, who were the original applicants before the revenue authorities, filed a writ petition under Article 227 of the Constitution of India...

High Court

Bombay High Court Allows Writ Petitions Challenging Mutation Entries in Revenue Records — Held That Mutation Entries Do Not Confer Title and Must Be Based on Lawful Possession or Title. Revenue Authorities Cannot Adjudicate Title Disputes and Must Respect Civil Court Decrees.

30 Nov -0001

The case involves two writ petitions filed by the petitioners, who are legal representatives of the original owners of agricultural lands in Korali, T...

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