Search Results for "plaintiff's valuation"

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Search Results for "plaintiff's valuation"

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High Court

High Court of Karnataka Dismisses Writ Petition Challenging Concurrent Findings in Suit for Permanent Injunction — Supervisory Jurisdiction Under Article 227 Not to Be Used to Reappreciate Evidence. The Court Held That Concurrent Findings of Fact by Trial Court and Appellate Court Cannot Be Interfered With Unless Perverse or Jurisdictional Error Exists.

25 Sep 2025

The petitioners, who were the plaintiffs in a suit for permanent injunction, filed a writ petition under Article 227 of the Constitution of India chal...

High Court

Bombay High Court Partially Allows Petition Against Appellate Court's Order Directing Deposit of Fair Market Rent as Pre-condition for Stay of Eviction Decree in License Case. The court held that the principle of Atma Ram Properties applies to licensees but the Appellate Court cannot split the period of unlawful occupation; the licensee must deposit contractual compensation from termination of license till disposal of appeal.

27 Sep 2024

The petitioner, Safset Agencies Private Ltd., a company dealing in art, was a licensee under a Leave and Licence Agreement dated 25 September 2006 wit...

High Court

High Court of Karnataka Allows Revision Petition in Trademark Infringement Suit — Sets Aside Trial Court Order Granting Leave to File Additional Written Statement. The court held that inherent powers under Section 151 CPC cannot be used to bypass specific procedural provisions, and allowing additional written statement after framing of issues would cause prejudice to the plaintiff.

7 Jun 2024

The petitioner, M/s BTV Kannada Private Limited, filed a civil revision petition under Section 115 CPC read with Article 215 of the Constitution of In...

Supreme Court

Supreme Court Allows Appeal in Civil Suit for Declaration Regarding Cheque Security — Revisional Court's Order Rejecting Plaint Restored. The court held that a suit seeking declaration that a cheque was handed over as security is barred under Section 41 of the Specific Relief Act, 1963 and lacks cause of action, warranting rejection of plaint under Order VII Rule 11 CPC.

21 Mar 2022

The Supreme Court allowed the appeal filed by defendant no.1, M/s Frost International Limited, against the order of the Orissa High Court which had se...

High Court

Bombay High Court Dismisses Admiralty Suit for Cargo Damage Claim Due to Lack of In Rem Jurisdiction and Limitation Bar. The court held that the vessel was not within Indian territorial waters at the time of suit filing and the claim was time-barred under the one-year limitation period under Article III Rule 6 of the Hague Rules.

28 Aug 2019

The plaintiff, Elecon Engineering Company Limited, filed an admiralty suit in rem against the vessel 'Rickmers Dubai' and other defendants for recover...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court's Order on Court Fee Valuation in Partition Suit — Suit Properly Valued Under Section 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

20 Feb 2018

The petitioners, defendant Nos. 3 and 4 in a partition suit (O.S. No. 53/2010) pending before the Principal Senior Civil Judge, Udupi, filed a writ pe...

High Court

High Court of Karnataka Partly Allows Partition Appeal in Family Property Dispute — Upholds Trial Court's Decree for Partition of Joint Family Properties Except for Certain Items. The court held that the presumption of jointness in a Hindu family continues until rebutted, and the appellants failed to prove that the properties were self-acquired.

21 Jul 2015

The case involves a partition suit filed by the respondents (daughters and mother) against the appellants (sons) seeking partition of joint family pro...

High Court

High Court of Karnataka Partly Allows Partition Appeal in Family Property Dispute — Modifies Trial Court's Decree on Self-Acquired Properties. The court upheld the trial court's finding on joint family property but excluded certain items from partition due to lack of evidence of jointness.

21 Jul 2015

The case involves a partition suit filed by the respondents (daughters and widow) against the appellants (sons) for partition of suit schedule propert...

High Court

Bombay High Court Allows Land Acquisition Reference, Enhances Compensation for Acquired Land Under Land Acquisition Act, 1894. Court Determined Market Value Based on Comparable Sale Instances and Potential for Development, Rejecting Government's Valuation Method.

30 Nov -0001

The case is a land acquisition reference under Section 18 of the Land Acquisition Act, 1894, arising from the acquisition of land belonging to Godrej ...

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...

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