Search Results for "Plaint averments"

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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...
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Search Results for "Plaint averments"

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Supreme Court

Supreme Court Allows Appeal in Partnership Law Case on Maintainability of Suit by Unregistered Firm. The Court held that Section 69(2) of the Indian Partnership Act, 1932 does not bar a suit for declaration and injunction based on fraud and statutory rights, as it does not involve enforcement of contractual rights.

31 Jan 2022

The appeal arose from a suit filed by an unregistered partnership firm, Shiv Developers, seeking declaration and injunction to nullify a sale deed dat...

High Court

Karnataka High Court Hears Regular First Appeal Against Trial Court Decree Declaring Plaintiff as Absolute Owner and Ordering Delivery of Possession. Deemed University's Land Acquisition and Possession Dispute Involving Application of Land Acquisition Act, Karnataka Societies Registration Act, 1960, and Section 96 of CPC.

6 Jun 2016

The appeal arose from a suit filed by the National Institute of Mental Health and Neuro Sciences (NIMHANS), a deemed university and society registered...

High Court

Gujarat High Court Allows Revision Against Rejection of Application to Produce Additional Evidence in Suit for Redemption of Mortgage and Partition. The court held that additional evidence can be permitted at any stage if relevant for just adjudication, and that the trial court erred in rejecting the application solely on ground of delay under Section 115 of the Code of Civil Procedure, 1908.

5 Mar 2026

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 arises from the rejection of an application at Exh. 20 i...

High Court

Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

5 Feb 2016

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...

High Court

Bombay High Court Dismisses Revision Against Order Rejecting Plaint for Non-Payment of Court Fees in Suit for Specific Performance. Court Held That Under Section 4 of the Maharashtra Court Fees Act, 1959, Court Fees Must Be Paid on the Market Value of the Property as on the Date of Suit, Not on the Consideration Amount.

30 Nov -0001

The case involves a civil revision application filed by the applicants (original plaintiffs) against an order of the trial court rejecting their plain...

High Court

Bombay High Court Considers Application for Appointment of Receiver in Partition Suit. Notice of Motion Seeks Interim Relief for Joint Family Properties Allegedly Misappropriated by Co-Owners.

27 Aug 2013

The plaintiff filed a suit for declaration that he is entitled to a 1/10th share in the assets and properties of the joint family and for partition by...

High Court

High Court of Bombay Dismisses Applications to Vacate Arrest of Vessels in Bunker Supply Disputes Involving Insolvent Intermediary. Maritime Claim for Bunkers Supplied to Vessel Held Enforceable In Rem Despite Lack of Privity Between Supplier and Owner.

15 Apr 2015

The High Court of Bombay heard two notices of motion filed by the defendants in two admiralty suits seeking to vacate the arrest of their vessels. The...

High Court

High Court of Karnataka Considers Rejection of Plaint in Suit for Specific Performance of Granted Land Subject to Non-Alienation Condition. Court Examines Whether Agreement to Sell Executed During Non-Alienation Period is Void Under Karnataka SC/ST Act, 1978.

22 Jan 2026

The civil revision petition arose from an order of the trial court rejecting the petitioners' application to reject the plaint in a suit for specific ...

High Court

Bombay High Court Allows Commercial Suit and Interim Application in Asset Reconstruction Dispute — Upholds Validity of Assignment of Debt and Security Interest. Court holds that an Asset Reconstruction Company (ARC) is entitled to enforce security interest under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) after valid assignment of debt.

15 Apr 2026

The Applicant, Phoenix ARC Private Limited, an Asset Reconstruction Company registered with the RBI, filed a Commercial Suit (COMSS No. 124 of 2025) a...

Supreme Court

Dispute Over Partition and Possession of Family Property in Vishakhapatnam. Legal battle ensues over the inheritance and division of a residential property among the heirs of late Ghouse Khan, highlighting issues of succession under Mohammedan Law and the enforceability of a family settlement agreement.

9 Jul 2024

The reasoning of the High Court in holding Exhibit-A6 as a family settlement that would be binding on the parties. The agreement's intent was clear to...

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