Search Results for "mesne profits"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "mesne profits"

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High Court

Bombay High Court Allows Appeal in Suit for Possession and Mesne Profits — Defendant's Right to Raise Jurisdictional Objection Not Waived by Filing Written Statement. The court held that Order VIII Rule 1 of the Code of Civil Procedure, 1908 does not bar a defendant from raising a jurisdictional objection after filing a written statement, and that the trial court must decide such objection as a preliminary issue under Section 9A of the CPC.

14 Jul 2023

The appellant, Niloufer Soli Lam, was the original defendant in a suit filed by the respondent, Zarir Pesi Bharucha, seeking possession and mesne prof...

Supreme Court

Supreme Court Allows Appeal in Landlord-Tenant Dispute Over Executability of Possession Decree Against Municipal Corporation. Decree for Possession of Immovable Property Held Executable Against Judgment-Debtor Despite Corporation's Claim of Public Purpose.

1 Jan 2023

The case involves a dispute between the appellant (original plaintiff, now deceased and represented by legal representatives) and the respondent, Muni...

Supreme Court

Supreme Court Dismisses Appeal in Rent Control Jurisdiction Dispute - Civil Court Lacks Jurisdiction Over Eviction of Statutory Tenant Under Haryana Rent Act. The Court held that the Civil Court has no jurisdiction to entertain a suit for possession as the subject property is governed by the Haryana (Control of Rent & Eviction) Act, 1973, and the respondents are statutory tenants who can only be evicted under Section 13 of that Act.

28 Jan 2022

The appeal arose from a dispute over jurisdiction in a possession suit concerning leased land in Kaithal, Haryana. The appellants, as owners, had leas...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Dispute Due to Res Judicata Bar from Prior Representative Suit and Compromise Decree. The Court Held That a Judgment in a Representative Suit Under Section 92 of the Code of Civil Procedure, 1908, Binds All Interested Parties Under Explanation IV to Section 11, and a Compromise Decree Precludes Re-agitation of Title Issues, Affirming Lower Court Decisions.

23 Sep 2021

The dispute centered on a property claimed as wakf by the Jamia Masjid Gubbi, represented by its President, against defendants including successors of...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Challenging Tenancy Proceedings, Remands for Trial on Limitation and Jurisdiction. Plaint Rejection Under Order VII Rule 11(d) CPC Set Aside as Limitation and Civil Court Bar Under Section 85 of Maharashtra Tenancy and Agricultural Lands Act, 1948 Are Triable Issues Requiring Evidence.

17 Sep 2021

The dispute originated from a civil suit filed in 1987 by 13 plaintiffs claiming to be legal representatives of Haji Ali Mohammed Hajee Kassam Agboatw...

Supreme Court

Supreme Court Dismisses Appeals in Land Title and Specific Performance Dispute, Upholding High Court's Reversal of First Appellate Court Decree. High Court Correctly Exercised Jurisdiction Under Section 100 CPC by Framing Substantial Question of Law on Genuineness of Agreement to Sell and Examining Document Under Section 73 Evidence Act, 1872.

9 Sep 2021

The dispute arose from two civil suits concerning land transactions in Karnataka. The respondent, as plaintiff in the first suit (OS No.20/1985), soug...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute Over Auction Sale — Upholds High Court's Finding That Auction Purchaser Was Real Owner, Not a Benami Front. The court held that the plaintiffs failed to prove that the auction purchaser was a benami for the original owner, and the suit was barred under Section 66(1) of the Code of Civil Procedure, 1908.

17 Mar 2020

The plaintiffs, wife and legal heirs of Govindasamy, filed a suit to set aside an auction sale of 1955 and seek possession of the suit property. The s...

Supreme Court

Supreme Court Sets Aside High Court Judgment Dismissing Second Appeal on Merits in Absence of Appellant's Counsel — Violation of Order XLI Rule 17(1) CPC. The Court held that under Order XLI Rule 17(1) read with its Explanation, the appellate court cannot dismiss the appeal on merits when the appellant is absent; it can only dismiss for default.

13 Dec 2019

The case arises from a civil suit filed by the respondents (plaintiffs) for declaration of title, recovery of possession, and mesne profits against th...

Supreme Court

Supreme Court Dismisses Appeal in Joint Hindu Family Partition Case — Properties Purchased in Eldest Son's Name Held to be Joint Family Assets. Burden of Proof Shifts to Member Claiming Self-Acquisition Once Joint Family Nucleus is Established.

1 Jul 2019

The present appeal arises from a suit for partition filed by respondent No.1 (original plaintiff) against the appellant (defendant No.1), respondent N...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings: Consent Decree Enforceable Despite Absence of Formal Decree. The Court held that a consent order under Order 23 Rule 3 CPC is a decree and executable even without a formal decree being drawn.

1 Jan 2019

The Supreme Court allowed the appeal filed by the appellant, Sir Sobha Singh And Sons Pvt. Ltd., against the judgment of the Delhi High Court. The dis...

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