Search Results for "collusive"

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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...

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High Court

Bombay High Court Upholds Impleadment of Tenant in Eviction Suit — Applicant Claiming Tenancy Rights Has Direct Interest in Subject Matter. Order 1 Rule 10 CPC Allows Impleadment of Party Whose Rights Would Be Affected by Outcome of Suit for Possession.

22 Apr 2013

The Petitioner, original Plaintiff, filed a suit (S.C. Suit No.1830 of 2010) in the City Civil Court, Greater Mumbai, against Respondent Nos.1 and 2 (...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Over Legal Necessity Issue. Failure to Frame Issue on Legal Necessity Does Not Vitiate Trial When Parties Had Opportunity to Lead Evidence.

6 Nov 2023

The case involves a second appeal filed by the plaintiffs (appellants) against the judgment of the First Appellate Court which confirmed the trial cou...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Specific Performance Suit — Appellants Failed to Show Sufficient Cause for Non-Appearance Despite Service of Summons.

30 Nov -0001

The case arises from a suit for specific performance of a contract filed by the respondent/plaintiff against the appellants/defendants. The trial cour...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case, Holds Suit Barred by Limitation Under Article 54 of Limitation Act, 1963. The Court restored the trial court's dismissal of the suit for specific performance as the suit was filed beyond three years from the date fixed for performance under the agreement to sell.

1 Jan 2020

The Supreme Court allowed the appeal filed by the original defendants against the High Court's judgment decreeing specific performance of an agreement...

Supreme Court

Supreme Court Dismisses Appeal in Joint Family Property Dispute — Tenancy Rights Determined Under Bombay Tenancy Act, Civil Court Jurisdiction Barred. The court held that the civil court lacked jurisdiction to decide tenancy issues under Sections 85 and 85A of the Bombay Tenancy and Agricultural Lands Act, 1948, but the certificate under Section 32M had become final.

27 Aug 2019

The dispute pertains to an open land measuring eight acres in Nasik, originally owned by Raghunath Hari Phadake. The land was taken on lease by Govind...

High Court

Bombay High Court Revokes Leave Under Clause XII of Letters Patent in Suit for Specific Performance of Agreement for Sale of Land Situated Outside Jurisdiction. The court held that a suit seeking declaration of invalidity of a sale deed in respect of immovable property situated outside the court's jurisdiction is a suit for land, and leave granted under Clause XII of the Letters Patent must be revoked.

6 Jan 2015

The plaintiff filed a suit for specific performance of an agreement for sale dated 2 February 1990 executed by Dr. Ceasar M. Fernandes and others in r...

High Court

Bombay High Court Allows Subsequent Purchaser to Join Appeal in Specific Performance Suit — Lis Pendens Does Not Bar Participation as Proper Party. The court held that a subsequent purchaser, though bound by the decree under Section 52 of the Transfer of Property Act, 1882, is entitled to be heard in the appeal as a proper party to protect his interest.

27 Feb 2014

The petitioner, Shrikrushna Narayan Tupkari, filed a writ petition challenging the order dated 19.5.2013 passed by the learned District Judge-2, Akola...

High Court

Bombay High Court Dismisses Employer's Appeals in Industrial Dispute Cases — Workmen Entitled to Reinstatement with Back Wages as Retrenchment Without Compliance with Section 25-F of Industrial Disputes Act, 1947 Was Illegal. The court upheld the Labour Court's finding that retrenchment of workmen who had completed 240 days of service was void for non-compliance with Section 25-F, and reinstatement with full back wages was justified.

30 Nov -0001

The appellant, Godrej Industries Ltd. (formerly Godrej Soaps Ltd.), employed the respondents as workmen. The respondents were retrenched by the appell...

High Court

Bombay High Court Allows Tenant's Intervention in SARFAESI Proceedings, Remands for Fresh Hearing on Tenancy Issue. The court held that the Chief Metropolitan Magistrate has jurisdiction to decide tenancy claims under the Maharashtra Co-operative Societies Rules, 1961, and cannot relegate the issue to the Debt Recovery Tribunal without proper consideration.

22 Feb 2018

The petitioner, Amit Mohan Bhatia, claiming to be a tenant of secured assets under an Agreement of Tenancy dated 30 March 2000, filed an intervention ...

High Court

Bombay High Court Admitted Second Appeal on Questions of Law Concerning Insolvency Act and Auction Sale Confirmation. The Court Framed Eight Substantial Questions Involving Interpretation of Provincial Insolvency Act, 1920, Order 21 Rule 92 CPC, and Res Judicata in Tenancy Proceedings.

10 Jun 2013

The matter concerned a long-standing insolvency dispute dating back to 1959. Roopsingh Chainsingh Ture filed Insolvency Application No.12 of 1959 befo...

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