Search Results for "Mesne profit"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "Mesne profit"

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Supreme Court

Supreme Court Allows Partition Suit Appeal, Remands for Fresh Preliminary Decree — Co-sharer's Right to Partition Not Barred by Earlier Compromise or Subsequent Sales. The Court held that the right to partition is a continuing right and the suit was not barred by res judicata or compromise, and subsequent purchasers are bound by lis pendens under Section 52 of the Transfer of Property Act, 1882.

15 Jan 2020

The present appeals arise out of a suit for partition (Civil Suit No. 4406 of 2005) filed by the appellant, Rajinder Kaur, for partition of a property...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Holds That Evidence Act Sections 91 and 92 Do Not Bar Proof of Oral Agreement That Document Was Not Intended to Be Acted Upon. The court ruled that a defendant need not file a separate suit for specific performance to rely on an agreement of reconveyance as a defence.

17 Dec 2019

The present second appeal arises from a property dispute between the original plaintiff (respondent) and the original defendant (appellant). The plain...

Supreme Court

Supreme Court Upholds Right of Pre-Adoption Sons to Inherit from Adopted Father in Hindu Succession Case. Sons born before adoption remain heirs of their natural father and are entitled to inherit his estate under Section 8 of the Hindu Succession Act, 1956.

7 Feb 2020

The present appeals arose from a dispute over the inheritance of property left by Laxman, who was given in adoption to Saraswati on 2 November 1935. A...

High Court

Bombay High Court Allows Second Appeal in Part Performance Case - Doctrine of Part Performance Protects Possession of Purchaser Under Section 53A of Transfer of Property Act, 1882. The court held that dismissal of specific performance does not automatically divest possession if the purchaser is ready and willing.

15 Oct 2018

The case involves two counter appeals arising from a suit for specific performance and possession. The plaintiff, Suresh Kamte, entered into an agreem...

High Court

Bombay High Court Dismisses Sons' Appeal in Gond Tribal Inheritance Dispute. Daughters of deceased Gond father held entitled to equal share in intestate property under Hindu Succession Act, 1956, as alleged customary exclusion of daughters was not proved.

4 Jan 2019

The case involves a dispute between brothers and sisters belonging to the Gond tribe over the inheritance of their deceased father Bapurao Kodape's pr...

High Court

Bombay High Court Dismisses Revision Application in Eviction Suit — Tenant's Right to Contest Decree Not Extinguished by Consent Terms. State Trading Corporation of India Ltd. held not entitled to challenge eviction decree under Order 23 Rule 3A CPC as consent terms were not shown to be unlawful or void.

2 Dec 2025

The case involves a Civil Revision Application filed by the State Trading Corporation of India Ltd. (the applicant/original defendant) against an orde...

High Court

Bombay High Court Dismisses Revision Petitions in Suit for Specific Performance and Injunction — Upholds Trial Court's Refusal to Strike Out Pleadings Under Order 6 Rule 16 CPC. Court held that disputed questions of title and possession cannot be decided in summary proceedings under Order 6 Rule 16 CPC and require full trial.

30 Nov -0001

The judgment arises from two civil revision applications filed against an order of the City Civil Court, Mumbai, dated 30th April 2014, which dismisse...

High Court

Bombay High Court Rejects Plaint in Property Suit as Barred by Limitation — Failure to Disclose Cause of Action Within Three Years of Knowledge of Alleged Fraud Leads to Rejection Under Order VII Rule 11(d) CPC. The court held that the plaintiff's knowledge of the alleged fraud in 2015 or earlier triggered the limitation period under Article 58 of the Limitation Act, 1963, and the suit filed in 2021 was beyond the prescribed period.

18 Jul 2022

The plaintiff, Ramesh Mali, filed a suit seeking declaration and injunction in respect of certain properties originally owned by his deceased father, ...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Agreement to Sell Despite Non-Payment of Balance Consideration. Court Holds That Time Was Not of Essence in Absence of Express Stipulation and That Possession Delivered Under Agreement Constitutes Part Performance.

16 Dec 2005

The dispute arose out of an agreement to sell dated 1st June 1978 executed by the original defendant No.2 (since deceased, represented by appellants) ...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

11 Feb 2020

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

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