Search Results for "civil suit dismissal"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "civil suit dismissal"

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High Court

High Court of Bombay at Aurangabad Partly Allows MSRTC Petition in Employee Dismissal Case — Backwages Denied Due to Lack of Pleading of Unemployment. Reinstatement with Continuity Upheld as Enquiry Findings Were Perverse, but Full Backwages Set Aside Following Supreme Court Precedent in State of Punjab v. Krishan Niwas.

2 Jul 2015

The Maharashtra State Road Transport Corporation (MSRTC) dismissed its employee, Pandurang Trimbak Dusane, on 30 June 1989 after a departmental inquir...

High Court

Bombay High Court Dismisses Writ Petition Against Executing Court's Rejection of Section 47 CPC Objections in Arbitration Execution; Holds Arbitral Award Distinct from Decree and Enforceable Under Section 36 of Arbitration and Conciliation Act, 1996. The Court ruled that an arbitrator is not a civil court and an award for recovery of money does not require compulsory registration under Section 17 of the Registration Act, 1908.

7 Aug 2025

The dispute arose from a trade finance loan of Rs. 12,00,000 sanctioned by the respondent finance company to petitioner No.1, a proprietary firm, on 0...

Supreme Court

Supreme Court Allows Appeal in Indigent Person Case — Dismissal of Application Under Order 33 CPC Not a Bar for Filing Appeal Under Order 44 CPC. The Court held that the appellate court must conduct a fresh inquiry into the applicant's indigent status at the appellate stage under Order 44 Rule 3 CPC.

4 Jan 2019

The appellant, Sushil Thomas Abraham, filed a civil suit for recovery of Rs.74,66,107/- as an indigent person under Order 33 Rule 1 CPC, claiming inab...

High Court

High Court of Karnataka Allows Appeals Against Dismissal of Attachment Applications in Suit for Specific Performance — Prima Facie Case and Risk of Alienation Established. The court held that the appellants had made out a strong prima facie case for specific performance and that the respondents were attempting to alienate the property, warranting attachment before judgment under Order 38 Rules 1 and 2 CPC.

25 Jun 2025

The appellants, legal heirs of the original plaintiff, filed a suit for specific performance of an agreement of sale dated 05.12.2011 executed by the ...

High Court

Bombay High Court Upholds Injunction Against Bird Feeding from Balcony in Nuisance Dispute. Feeding birds from a metal tray attached to balcony window causing accumulation of bird droppings and feathers held to constitute nuisance, and injunction granted under Section 38 of Specific Relief Act, 1963.

12 Jul 2016

The case involves an appeal against an order granting a temporary injunction restraining the appellants (original defendant nos. 1 and 2) from feeding...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Binding. Court holds that first appellate court's reversal of trial court's decree was based on evidence and not perverse under Section 100 CPC.

10 Feb 2015

The appellant, original defendant, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment of the first...

High Court

Bombay High Court Dismisses Review Petition in Heirship Certificate Case Under Bombay Regulation VIII of 1827 — Will Not Proved as Attesting Witness Failed to Establish Execution. The Court held that the attesting witness did not depose about the execution of the Will as required under Section 68 of the Evidence Act, 1872 read with Section 63 of the Indian Succession Act, 1925, and thus no error apparent on record was shown.

20 Mar 2018

The applicants, Baban Ramchandra Shukla, Nalini Vinayakrao Joshi, and Malti Jagannathrao Tembhurne, filed a review application before the Bombay High ...

High Court

Bombay High Court Allows Second Appeal in Tenancy Dispute — Lower Appellate Court Erred in Recording Tenancy Findings Without Referring to Tenancy Court. The Court held that the issue of tenancy must be referred to the Tenancy Court under the Bombay Tenancy and Agricultural Lands Act, 1948, and the civil court cannot decide it.

16 Nov 2005

The case involves a second appeal before the Bombay High Court arising from a civil suit concerning agricultural land. The appellants, four women, fil...

Supreme Court

Supreme Court Remands Mining Lease Dispute to High Court for Fresh Adjudication on Substantial Questions of Law. Concurrent Findings of Fact Not Immune from Challenge in Second Appeal if Based on No Evidence or Misreading of Evidence.

14 Aug 2019

The Supreme Court of India heard three civil appeals filed by the State of Rajasthan and its authorities against the judgment of the Rajasthan High Co...

High Court

Gujarat High Court Allows Restoration of Summary Suit Under Order XXXVII CPC After 669-Day Delay, Holding That Liberal Approach Is Required When Plaintiff Was Misled by Counsel. The court set aside the trial court's order dismissing the restoration application and condoned the delay, emphasizing that litigants should not suffer due to advocate negligence.

9 Mar 2026

The petitioner, P and P Packaging, filed a Special Civil Application under Article 227 of the Constitution of India before the Gujarat High Court chal...

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