Search Results for "defendant's right"

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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...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "defendant's right"

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Supreme Court

Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

4 May 2023

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...

High Court

Bombay High Court Allows Appeal in Suit for Recovery of Business Premises — Conducting Agreement Not Proved as License; Relationship of Licensor-Licensee Not Established. The court held that the plaintiff failed to prove the conducting agreement and the defendant's possession was adverse, barring the suit by limitation.

19 May 2020

The appellants (original defendants) challenged the judgment and decree dated 20th March 2007 passed by the Bombay City Civil Court, which decreed the...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Goods Sold — Triable Issues Raised Regarding Quality and Rejection of Goods. The court held that where the defendant raises a triable issue, unconditional leave to defend must be granted, and the plaintiff cannot obtain a decree without trial.

13 Oct 2017

The plaintiff, Shree Pushkar Chemicals & Fertilizers Ltd., filed a Commercial Summary Suit against the defendant, Huntsman (International) India Pvt. ...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Holding That Defendant No. 2 Failed to Establish Adverse Possession Over Suit Property. The Court Set Aside Concurrent Findings of Lower Courts and Remanded the Matter for Fresh Consideration on the Issue of Adverse Possession.

24 Nov 2016

The case involves a second appeal arising from a partition suit filed by the plaintiff (Sitaram) against defendants no. 1 (Pandharinath) and no. 2 (Pa...

High Court

High Court of Karnataka Allows Appeal in Declaration and Possession Suit — Sale Deed by Co-owner Without Consent of Other Co-owners Not Binding on Plaintiff. Transfer of Property Act, 1882, Section 44 — Co-owner cannot transfer undivided share in specific property without consent of other co-owners; decree for possession cannot be granted against co-owner in possession.

23 Feb 2023

The appellant, L Rudramuni Swamy, was the first defendant in a suit filed by the original plaintiff Rachappa @ Rachaiah (since deceased, represented b...

High Court

High Court of Karnataka Dismisses Appeals in Property Dispute, Upholds Trial Court's Dismissal of Suit for Declaration and Recovery of Possession. The court held that the plaintiff failed to prove title and possession over the suit property, and the suit was barred by limitation.

12 Nov 2024

The case involves two Regular First Appeals filed against the judgment and decree dated 07.11.2014 in O.S.No.72/2011 passed by the I Additional Senior...

High Court

High Court of Karnataka Hears Regular First Appeals Against Decree for Specific Performance — Trial Court Decree Granting Specific Performance and Cancellation of Sale Deed Under Challenge. The Court Reserved Judgment; Outcome Not Stated in This Excerpt.

22 Jan 2024

These two regular first appeals arose from the judgment and decree dated 30.06.2015 in O.S.No.594/2005 passed by the XI Addl. City Civil Judge, Bengal...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings on Ownership and Limitation Upheld. Adverse Possession Plea Fails as Defendant Failed to Prove Hostile Possession for Statutory Period.

3 Nov 2025

The case involves a second appeal filed by the original defendant, Mrs. Anjanabai Rajaram Gore, challenging the concurrent judgments and decrees of th...

High Court

High Court of Karnataka Frames Points for Consideration in Regular First Appeal Against Dismissal of Recovery Suit in Construction Contract Dispute. Plaintiffs Claimed Excess Payment and Defective Work; Court's Final Order Not Available in Provided Text.

19 Sep 2019

Background: The dispute concerned a construction contract for a residential house in Bangalore. The plaintiffs (appellants) were the owners who had en...

High Court

Bombay High Court Upholds Eviction Decree in Possession Suit — Licensee's Claim of Ownership Rejected. Staff Quarter Adjoining Purchased Flat Held to Be Part of Suit Premises; Licensee Cannot Claim Ownership After License Revocation.

13 Jan 2023

The case involves a first appeal against a decree of eviction passed by the City Civil Court, Mumbai. The respondent/original plaintiff, Anjana Viren ...

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