Search Results for "civil suit dismissal"

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Bombay High Court Upholds Trial Court's Order Permitting Withdrawal of Suit with Liberty to File Fresh Suit Under Order XXIII Rule 1(3) CPC — Defect in Map and Incomplete Prayers Constitute Formal Defect.

The case arises from a civil revision application filed by the original defendant, Kashinath Badhe, challenging an order of the trial court dated 07/0...

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Bombay High Court Dismisses Second Appeal in Property Injunction Dispute Due to Lack of Challenge to Co-Decree. Civil Court's Jurisdiction Under Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 Not Considered as Appeal Dismissed on Procedural Ground.

The present second appeal arises from a property dispute between Kamlabai Suresh Khadse (appellant) and Tukaram Rajaram Ingole, Mahadev Rajaram Ingole...

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Bombay High Court Dismisses Second Appeal in Land Suit — Concurrent Findings of Fact Not Interfered With. Appellant's claim for injunction based on title failed as courts below concurrently held that the suit property was a public road and not part of appellant's land.

The appellant filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 18th February 20...

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High Court Quashes FIR in SC/ST Act Case Due to Civil Dispute and Lack of Atrocity Elements. Allegations of Caste-Based Insults and Intimidation Found to be Vague and Motivated by Property Dispute, Not Attracting Sections 3(i), 3(iv), 3(xiii) of SC/ST Act.

The petitioners, a husband and wife, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. Spl(A) FI...

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Bombay High Court Dismisses Second Appeal in Co-owner Possession Suit — Maintainability Upheld Despite Non-joinder of Other Co-owners. Gift Deed of 1930 Presumed Valid Under Section 90 of Indian Evidence Act, 1872 as 30-Year-Old Document.

The case involves a second appeal arising from a suit for possession filed by the respondent (original plaintiff) against the appellants (defendants) ...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit — No Substantial Question of Law Arises. Court declines to frame substantial questions of law under Section 100 CPC as findings of fact by lower appellate court were not shown to be perverse.

The appellants, original plaintiffs, filed two second appeals against the judgment and decree of the lower appellate court in a suit for specific perf...