Search Results for "Ouster"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "Ouster"

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Supreme Court

Supreme Court Interprets Court's Power Under Section 9 of Arbitration Act Post-Tribunal Constitution. The Court Held That Courts Can Entertain Section 9 Applications After Tribunal Constitution But Must Examine Efficacy of Section 17 Remedy, with 'Entertain' Encompassing Entire Adjudication Process Under the Arbitration and Conciliation Act, 1996.

14 Sep 2021

The dispute arose from a Cargo Handling Agreement between the parties, containing an arbitration clause. The appellant invoked arbitration via a notic...

High Court

Bombay High Court Dismisses Petitions Challenging Termination of Employees Appointed Without Following Statutory Recruitment Rules in Education Sector. Appointments Made Without Approval of Competent Authority and Without Following Reservation Policy Are Void Ab Initio.

10 Jul 2013

The Bombay High Court, Nagpur Bench, disposed of four writ petitions filed by employees challenging their termination from service. The petitioners we...

High Court

High Court of Karnataka Dismisses Landlord's Revision Petition in Rent Control Eviction Case — Bonafide Requirement Not Proven. Landlord failed to establish that the schedule property was reasonably and bonafidely required for his own use and occupation under Section 27(2)(r) of the Karnataka Rent Act, 1999.

11 Aug 2023

The petitioner, Sri Krishnaprasad A., filed an eviction petition under Section 27(2)(r) of the Karnataka Rent Act, 1999, before the Chief Judge, Small...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Co-owner in possession cannot claim adverse possession against other co-owners without clear ouster; suit for partition not barred by limitation under Article 65 of Limitation Act, 1963.

2 Jun 2023

The present regular second appeal arises out of a partition suit originally filed as O.S. No. 9/1993 on the file of the Munsiff & JMFC, Koratagere. Th...

Supreme Court

Supreme Court Allows Appeal in Damages Suit Under Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 — Civil Court Jurisdiction Not Impliedly Barred. Section 7(4) of the Act Recognizes Concurrent Civil Remedy, Hence Suit for Damages Maintainable.

17 Oct 2019

The appeal arises from a judgment of the Madurai Bench of the Madras High Court which set aside a decree for damages in favor of the appellant, M. Har...

High Court

High Court of Karnataka Allows Petitions Declaring Lapse of Land Acquisition Under Section 24(2) of RFCTLARR Act, 2013. Acquisition for Karwar Port Lapsed Due to Non-Payment of Compensation and Non-Taking of Possession.

11 Apr 2019

The petitioners, fishermen residing in Goudawada, Baitkhol, Karwar, Uttara Kannada, filed writ petitions under Articles 226 and 227 of the Constitutio...

High Court

Bombay High Court Allows Second Appeal in Co-owner Property Dispute — Holds That Possession of Co-owner Is Not Adverse Without Ouster. The court ruled that the burden of proving ouster lies on the party claiming adverse possession, and the suit for declaration and possession was within limitation under Article 65 of the Limitation Act, 1963.

29 Oct 2015

The case involves a property dispute among co-owners. The appellants (original plaintiffs) filed a suit for declaration of title and possession of agr...

High Court

Bombay High Court Dismisses Petition Challenging Demolition Notice Under Section 354A of Mumbai Municipal Corporation Act, 1888 — Alternative Remedy Under Section 351 Available.

13 Sep 2013

The petitioner, Abdul Karim Ahmed Mansoori, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 1st August...

High Court

High Court of Bombay Allows Revision Application of Foreign Consulate in Rent Dispute — Section 86 CPC Bar on Suits Against Foreign States Upheld. Consulate General of Czech Republic held immune from suit for declaration of tenancy under Maharashtra Rent Control Act, 1999 as prior consent of Central Government under Section 86 CPC was not obtained.

30 Nov 2011

The case involves a Civil Revision Application filed by the Consulate General of the Czech Republic and the Consulate itself (original defendants) aga...

Supreme Court

Supreme Court Allows Bank's Appeal on Jurisdiction in Employment Dispute Due to Exclusive Jurisdiction Clause. Exclusive jurisdiction clauses in employment contracts specifying Mumbai courts are binding and oust jurisdiction of other courts where suits were filed in Patna and Delhi under Section 20 of the Code of Civil Procedure, 1908.

8 Apr 2025

The dispute arose from two civil appeals concerning jurisdiction in employment termination cases. In the lead appeal, an employee, Rakesh, appointed b...

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