Search Results for "open and peaceful enjoyment"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "open and peaceful enjoyment"

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Supreme Court

Supreme Court Dismisses Appeal in Civil Suit Over Drain Dispute, Upholding Bar on Civil Court Jurisdiction Under Municipal Act. Civil Court Lacked Jurisdiction as Guwahati Municipal Corporation Act, 1971 Provided Implied Bar and Alternate Remedy Through Commissioner for Drain-Related Rights, Leading to Plaint Rejection Under Order VII Rule 11(d) of Code of Civil Procedure, 1908.

10 Aug 2021

The dispute arose from a title suit filed by the appellant against the respondent in the Court of Munsif No.2, Kamrup Guwahati, seeking a declaration ...

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

High Court of Bombay Initiates Suo Motu Contempt Against Advocate for Disrupting Court Proceedings. Advocate's Rowdy Behavior and Improper Language in Court Amounts to Prima Facie Criminal Contempt Under Contempt of Courts Act, 1971.

21 Dec 2010

The High Court of Bombay, on its own motion, initiated contempt proceedings against Mr. N.B. Deshmukh, an advocate, based on an incident that occurred...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Declaration and Injunction — Order Rejecting Application Under Order 23 Rule 1 CPC Upheld. The court held that withdrawal of a suit before filing of written statement and without adjudication on merits does not bar a subsequent suit on the same cause of action under Order 23 Rule 1 CPC.

10 Aug 2015

The revision petition was filed by the defendant No.5 in O.S.No.144/2012 challenging the order of the Senior Civil Judge, Anekal, dated 28.9.2013 dism...

High Court

High Court of Karnataka Dismisses Second Appeal in Gift Deed Cancellation Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. The court held that the appellants failed to raise any substantial question of law, and the concurrent findings of the courts below regarding the validity of the gift deed and the plaintiff's lack of title were upheld.

22 Jul 2015

The appellants, legal representatives of the original plaintiff Smt. Subbamma, filed a Regular Second Appeal under Section 100 of the Code of Civil Pr...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Specific Performance — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert Under Section 68 of Evidence Act, 1872.

21 Aug 2015

The case involves a second appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for specific performance of an agr...

High Court

High Court of Karnataka Quashes Order Allowing Substitution of Legal Representatives in Suit for Declaration of Will as Void — Order Passed Without Notice to Plaintiffs Violates Principles of Natural Justice and Order XXII Rule 5 CPC.

9 Jan 2025

The petitioners, Smt. Sarojini and Kempanna, were defendants in O.S. No.342/2017 filed by Smt. Tayawwa before the Principal Civil Judge and J.M.F.C, G...

Supreme Court

Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

12 Jan 2024

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

High Court

High Court of Karnataka Sets Aside Trial Court Judgment for Lack of Reasons in Declaration and Injunction Suit — Remands for Fresh Disposal. Court finds that the Trial Court failed to discuss evidence or assign reasons on issues framed, rendering the judgment unsustainable under Order 20 Rule 4(2) CPC.

18 Dec 2015

The appellant, who was the defendant in the original suit, challenged the judgment and decree dated 23 June 2014 passed by the XLIII Additional City C...

High Court

High Court of Karnataka Allows Appeal in Partition Suit — Remand for Proper Commissioner Appointment Under Order 26 Rule 9 CPC. Lower Appellate Court's Remand Order Set Aside for Not Deciding Merits; Matter Remanded for Fresh Disposal.

1 Aug 2016

The appellant, Nandareddy, filed a Miscellaneous Second Appeal under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908, challenging the judgment...

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