Search Results for "executant"

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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 "executant"

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High Court

Bombay High Court Upholds Eviction Decree in Suit Under Section 6 of Specific Relief Act — Plaintiff Proved Prior Possession and Dispossession Without Due Process of Law. The Court held that a suit for possession based on prior possession under Section 6 of the Specific Relief Act, 1963 is maintainable even against the true owner if the plaintiff was in settled possession and was dispossessed otherwise than in due course of law.

26 Nov 2015

The case involves a Civil Revision Application filed by the original defendants (Smita Prakash Chikhale and Sunita Dharnidhar Chikhale) against the ju...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Specific Performance of Agreement to Reconvey — Upholds Concurrent Findings of Fact That Agreement Was Not Proved. Court holds that the plaintiffs failed to prove the execution and validity of the agreement to reconvey dated 29.06.1986, and that the suit was barred by limitation under Article 54 of the Limitation Act, 1963.

4 Sep 2015

The appellants (plaintiffs) filed a second appeal challenging the decree of the District Judge-5, Pune, which set aside the trial court's decree in th...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Shop Premises Enforced as Plaintiff Proved Continuous Readiness and Defendants Failed to Execute Sale Deed Despite Receiving Earnest Money.

2 Sep 2015

The respondent (original plaintiff) filed Special Civil Suit No.136 of 1987 for specific performance of an agreement to sell dated 19.7.1987, whereby ...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit for Non-Compliance with Order 41 Rule 31 CPC. Lower Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination, Matter Remanded.

6 Aug 2015

The appellant, Tanaji Krishna Shinde, original defendant No. 2, challenged the judgment and decree passed by the lower appellate court in Regular Civi...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit for Declaration of Ownership and Possession — Concurrent Findings of Fact Not Disturbed. Sale deed of 1972 held not proved due to lack of execution and attestation evidence, and suit barred by limitation under Article 65 of Limitation Act, 1963.

11 Jun 2015

The appellant-plaintiff, Mirabai Ramasare Pardeshi (since deceased, represented by legal representatives), filed Special Civil Suit No. 1853 of 1996 s...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application Under Order VII Rule 11 CPC. Court holds that valuation for court fees and jurisdiction is a mixed question of law and fact not to be decided at preliminary stage.

20 Jan 2015

The petitioner, M/s Prism Reality, filed a writ petition under Article 227 of the Constitution challenging the order dated 30.07.2014 passed by the le...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Pending Civil Suit — Complaint Held Not Maintainable When Civil Remedy Sought for Same Cause of Action

13 Jan 2015

The petitioner, Dada Govindrao Dhabre, challenged the order of issuance of process and direction for framing of charge against him under Sections 420,...

High Court

Bombay High Court Dismisses Third Party's Impleadment in Probate Petition — Only Beneficiaries Under a Will Can Be Impleaded as Parties to a Probate Petition. The Court held that a third party not a beneficiary under a Will has no locus standi to be impleaded in a probate petition under the Indian Succession Act, 1925.

3 Jul 2014

The petitioner, Mrs. Pravina Vikrant Ghotge, filed a probate petition in the Bombay High Court seeking to implead a third party as a respondent. The b...

High Court

Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan Based on Dishonoured Cheques — Defendant Raises Triable Issues Including Running Account, Collateral Security, and Validity of Presentment.

24 Feb 2014

The plaintiffs, M/s. Ashok Commercial Enterprises and another, filed a summary suit against Parekh Aluminex Limited for recovery of Rs. 68,37,96,666/-...

High Court

Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

30 Nov -0001

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...

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