Search Results for "Lawful Possession"

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Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
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Search Results for "Lawful Possession"

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High Court

Landlord-Tenant Disputes: Insights from Bombay Rent Control Act Jurisprudence" "Exploring Eviction Grounds, Procedural Essentials, and Legal Precedents in Mumbai's Tenancy Landscape"

27 Jun 2024

Landlord-tenant disputes under the Bombay Rent Control Act, focusing on key legal proceedings, court decisions, and jurisdictional issues. It highligh...

High Court

High Court of Karnataka Allows Appeal in Possession Suit, Remands Case for Fresh Consideration on Tenant's Claim of Ownership and Adverse Possession. The court set aside the trial court's decree for possession and damages, finding that the defendant's plea of adverse possession and the validity of the gift deed were not properly adjudicated.

9 Jan 2024

The appellant-defendant, Sri T.A. Kaleemulla, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment...

Supreme Court

Supreme Court Allows Defendant's Appeal in Land Dispute and Quashes Permanent Injunction Granted to Plaintiff. Court held that when plaintiff fails to obtain declaration of title and suit for cancellation of sale deed is time-barred, permanent injunction to protect possession cannot be granted as it is a consequential relief and requires lawful possession under Specific Relief Act, 1963.

3 Mar 2022

The dispute involved agricultural land where the plaintiff's husband executed a registered sale deed in 1975 in favor of the defendant for the entire ...

High Court

Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title Over Suit Property.

9 Nov 2017

The case involves a property dispute between two branches of the same family. The appellants (original plaintiffs) filed a suit for declaration of own...

High Court

Bombay High Court Upholds Interest on Enhanced Compensation in Land Acquisition Case — Possession Prior to Notification Does Not Bar Interest Under Section 28 of Land Acquisition Act, 1894. The court held that interest under Section 28 is payable from the date of taking possession, even if possession precedes the Section 4(1) notification.

18 Apr 2016

The case arises from a land acquisition matter where the State of Maharashtra appealed against the Reference Court's award of interest on enhanced com...

High Court

Bombay High Court Upholds Interest on Enhanced Compensation in Land Acquisition Case — Possession Prior to Notification Does Not Bar Interest Under Section 28 of Land Acquisition Act, 1894. The court held that interest under Section 28 is payable from the date of taking possession, regardless of whether possession precedes the Section 4(1) notification.

18 Apr 2016

The case arises from a land acquisition proceeding where the State of Maharashtra appealed against the Reference Court's award of interest on enhanced...

High Court

Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Act Order for Police Aid — No Locus Standi for Borrower's Partner After Property Sold to Third Party. The Court held that once the secured asset is sold and possession handed over to the auction purchaser, the borrower or its partner has no right to challenge the Section 14 order, and the remedy lies before the DRT under Section 17 of the SARFAESI Act.

9 Oct 2015

The petitioners, M/s. National Laminate Corporation (a partnership firm) and its partner Mr. Jayantilal L. Nisar, filed a writ petition under Article ...

High Court

Bombay High Court Dismisses Interim Injunction in Property Dispute Over Access and Possession of Suit Plot. Court finds no prima facie case for exclusive possession or title in favour of plaintiff society of flat purchasers.

7 Jul 2014

The plaintiffs, a proposed co-operative society of flat purchasers in Girnar Tower, filed a suit for permanent injunction against the defendants, incl...

High Court

Bombay High Court Dismisses Suit for Possession Under Section 6 of Specific Relief Act, 1963 — Plaintiffs Failed to Prove Prior Possession and Dispossession Within Six Months. Court Held That Summary Suit Under Section 6 Cannot Be Used to Decide Title and Requires Strict Proof of Possession and Unlawful Dispossession.

4 May 2012

The plaintiffs, including Amod Nandkishore Mehra and others, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of pos...

High Court

Bombay High Court Dismisses Tenancy Declaration Petition Due to Lack of Evidence of Cultivation and Payment of Rent. Petitioners failed to prove they were tenants under Section 70(b) of the Bombay Tenancy and Agricultural Lands Act, 1948.

22 Mar 2005

The case involves a writ petition filed by several individuals (the petitioners) challenging the judgment and order of the Maharashtra Revenue Tribuna...

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