Search Results for "prescriptive title"

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Search Results for "prescriptive title"

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High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Title and Adverse Possession. Court holds that plea of adverse possession must be specifically pleaded and proved, and that the First Appellate Court's reversal of trial court's finding on adverse inference was justified.

5 Aug 2014

The case involves a Second Appeal filed by the appellants (original plaintiffs) against the judgment of the First Appellate Court which reversed the t...

High Court

High Court of Karnataka Dismisses Appeal in Land Grant Dispute — Upholds Single Judge's Order Setting Aside Alienation of Granted Land. Transfer of land granted to a member of Scheduled Caste without prior permission of the Government is void under Section 4(2) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.

26 Feb 2021

The case pertains to a land grant made to Smt. Chowdamma, a member of the Scheduled Caste, under an Official Memorandum dated 18.1.1979. The land was ...

High Court

Bombay High Court at Goa Dismisses Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Courts Below on Joint Family Property and Limitation. The court held that the suit for partition was not barred by limitation and that the property was joint family property, not self-acquired.

30 Nov -0001

The case involves a second appeal filed by the defendants against the judgment and decree of the District Judge, South Goa, Margao, in Regular Civil A...

High Court

Bombay High Court Dismisses Second Appeal in Land Dispute Over Right of Way — Concurrent Findings of Fact Not Interfered With. The court held that a second appeal under Section 100 of the Code of Civil Procedure, 1908 cannot be entertained on questions of fact when findings are based on appreciation of evidence.

10 Mar 2017

The case involves a second appeal filed by the appellants (original plaintiffs) against the judgment and decree of the first appellate court which con...

High Court

Bombay High Court Upholds Will Validity in Succession Dispute — Reduces Bequest to Disposable Quota Under Portuguese Civil Code. Court holds that a testator cannot bequeath entire property to one heir if it prejudices the legitimate share of other heirs under the Portuguese Civil Code, 1867.

16 Jul 2012

The case involves a dispute over the estate of late Calverto Saldanha. The appellants, Mr. Rosario Xavier Arquibaldo Fernandes and Mrs. Anacleta Ferna...

High Court

Madras High Court Dismisses Second Appeal in Property Title Dispute — Upholds Concurrent Findings of Courts Below. Sale Deed of 1983 Found Genuine and Valid, Ex-parte Decree for Specific Performance Held Not Binding on Plaintiff as He Was Not a Party.

7 Jan 2025

The case involves a property dispute where the plaintiff, K. Rajendran, filed a suit for declaration of title and permanent injunction against the def...

Supreme Court

Supreme Court Dismisses Appeal in Karnataka SC/ST Land Transfer Case — Transfer After Prohibition Period Requires Prior Permission Under Section 4 of Karnataka SC/ST (Prohibition of Transfer of Certain Lands) Act, 1978. Forged Permission Documents and Cash Payments Render Sale Deeds Void; Restoration to Original Grantees Upheld.

30 Apr 2019

The case pertains to the validity of transfers of granted lands made by members of the Scheduled Caste and Scheduled Tribe community to the appellant....

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Involving Succession and Adverse Possession. Court upholds concurrent findings that appellant failed to prove title or adverse possession over suit property.

30 Nov -0001

The case involves a second appeal filed by the legal heirs of the original plaintiff, Custodio Gama, against the judgment and decree of the District C...

High Court

Bombay High Court Allows Amendment of Plaint and Impleadment of Parties in Property Dispute — Amendment Sought Before Commencement of Trial Allowed as No Prejudice Caused. Order VI Rule 17 CPC permits liberal amendment before trial; impleadment under Order I Rule 10 CPC allowed for complete adjudication.

1 Aug 2014

The plaintiffs, Sharayu Ramkrishna Mhatre and Anjali Deepak Karnik, filed a suit (Suit No. 1964 of 2012) in the Bombay High Court seeking a declaratio...

High Court

High Court of Bombay at Goa Allows Appeal Against Remand Order in Property Suit — Trial Court's Dismissal of Suit Upheld as Proper. The appellate court erred in remanding the suit for fresh decision without setting aside the trial court's findings on limitation and adverse possession.

28 Mar 2014

The appellant, original defendant No. 1, filed an appeal against the order of remand dated 16.7.2013 passed by the District Judge-I, North Goa, at Pan...

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