Search Results for "separate suit maintainability"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "separate suit maintainability"

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Supreme Court

Supreme Court Allows Appeals by Suppliers and Dismisses Board's Appeal; Holds Suit for Interest Simpliciter Maintainable under 1993 Act. The Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 applies to contracts entered before its commencement when supplies were made after the Act came into force, and acceptance of principal amount without protest does not bar interest claim.

1 Aug 2026

The dispute originated from two separate suits filed by small-scale industrial undertakings, M/s Purbanchal Cables & Conductors Pvt. Ltd. and M/s Shan...

High Court

High Court of Karnataka Dismisses Partition Appeal for Lack of Evidence of Joint Family Property. Court holds that plaintiffs failed to prove that suit properties were ancestral joint family properties, and the suit was barred by limitation and res judicata.

26 Jul 2024

The appeal arises from a judgment and decree dated 30.01.2018 passed by the Senior Civil Judge, Kolar, in O.S. No. 42/2012, dismissing the suit for pa...

High Court

Full Bench of Bombay High Court Clarifies Maintainability of Civil Suits and Jurisdiction of School Tribunal under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. Reference Addresses Implied Bar on Civil Court Jurisdiction Over Matters Appealable to Tribunal and Related Questions on Approval of Appointments.

18 Dec 2006

The reference to the Full Bench of the Bombay High Court arose from Second Appeal No. 533 of 2001 concerning an employment dispute between a private s...

High Court

Bombay High Court Allows Second Appeal in Muslim Divorce Case — Civil Court Cannot Grant Maintenance and Matrimonial Property Relief in Suit Under Dissolution of Muslim Marriages Act, 1939. Held that reliefs of maintenance and share in jointly owned property are not ancillary to divorce under Section 2 of the Act and must be pursued under separate statutory forums.

2 Aug 2018

The case involves a Second Appeal filed by the husband (appellant) against the judgment of the District Judge, Thane, which partly allowed the wife's ...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

11 Oct 2018

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...

High Court

Bombay High Court Dismisses Suit Against Co-operative Society for Lack of Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960. Court Holds That Civil Suit Is Barred by Sections 91 and 163 of the Act as Disputes Relate to Society's Internal Management.

5 May 2011

The plaintiffs, B.Y. Chavan and another, filed a suit against the Association of Tenants of the Bombay Catholic Housing Society and others, seeking re...

High Court

Bombay High Court Allows Wife's Petition Challenging Maintainability of Second Divorce Petition Filed by Husband During Pendency of Earlier Proceedings. Family Court's Order Rejecting Objection to Maintainability Set Aside on Grounds of Res Judicata and Abuse of Process.

18 Dec 2025

The petitioner, Shraddha Hitesh Raikar, wife of the respondent Hitesh Dattaram Raikar, filed a writ petition challenging the order dated 06.11.2023 pa...

High Court

Resolving Complexities in a Civil Suit for Partition. Limitation Issues, Res Judicata, and Legislative Amendments in Judicial Proceedings.

10 Jun 2024

The legal dispute involving a civil suit for partition and related claims, focusing on the issue of limitation under Section 9-A of the CPC. It explor...

High Court

Bombay High Court Allows Second Appeal in Property Suit, Remands for Fresh Disposal on Merits. Lower Appellate Court Failed to Decide Appeal on Merits, Violating Duty Under Section 96 CPC.

8 Jul 2014

The appellant-plaintiff filed a second appeal before the Bombay High Court against the judgment and decree of the lower appellate court which had dism...

Supreme Court

Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

15 May 2026

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

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