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...
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 "Plaint averments"

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High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Plaint in Real Estate Dispute — RERA Bar Under Section 79 Applies to Civil Suits for Possession and Damages. The court held that a civil suit for possession and damages against a developer is barred by Section 79 of the Real Estate (Regulation and Development) Act, 2016, as the dispute falls within the purview of the Real Estate Regulatory Authority.

20 Dec 2024

The case involves a dispute between M/s H.M. Infra Tech Pvt. Ltd. (formerly a partnership firm) and the H.M. Tamborine Apartments Owners Association a...

High Court

Karnataka High Court Hears Appeal Against Trial Court Decree for Declaration and Possession of Party Premises; Issues of Maintainability of Representative Suit and Effect of Election Commission Recognition on Property Rights Considered

11 Oct 2013

The dispute concerns premises No.3, Race Course Road, Bangalore, claimed by the Indian National Congress through its Karnataka Pradesh Congress Commit...

High Court

Bombay High Court Dismisses Tenant's Petition in Eviction Case Based on Landlord's Bona Fide Requirement — Daughter's Need Upheld After Amendment. The court held that the landlord's daughter had established her bona fide requirement for the suit premises and that the tenant failed to prove greater hardship, confirming the eviction decree.

9 Dec 2024

The case involves a landlord-tenant dispute over commercial premises in Panchgani. The original landlord, Ramchandra Shivram Gadekar, filed a suit for...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Concurrent Findings of Fact Restored. Agreement of Sale Proved by Attesting Witness and Part Performance Established; First Appellate Court's Reversal Held Perverse.

27 Jan 2016

The appellants, legal representatives of the original plaintiff, filed a second appeal under Section 100 CPC against the judgment and decree of the IV...

High Court

Bombay High Court Hears Preliminary Issue on Jurisdiction Over Originating Summons in Lease Dispute Where Defendant Has Filed Separate Eviction Suit. The Court Examines Whether the Filing of a Suit Under Section 41 of the Presidency Small Cause Courts Act, 1882, After the Originating Summons Ousts the High Court's Jurisdiction.

29 Apr 2014

This case involved a dispute between Century Textiles and Industries Ltd. (plaintiff) and Nusli Neville Wadia (defendant) arising out of a 999-year le...

High Court

Bombay High Court Sets Aside Order Striking Off Defence in Easement Suit — Inquiry Required Before Penalty Under Order XXXIX Rule 2A CPC. The court held that striking off defence is a harsh order and can only be passed after an inquiry establishing wilful disobedience of an injunction order.

13 Aug 2024

The appellants, original defendants in a suit for easementary rights, challenged an order of the Civil Judge, Senior Division, Quepem dated 16.9.2020,...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Barred by Order 2 Rule 2 CPC. Plaintiff's Omission to Seek Leave for Subsequent Suit for Specific Performance After Earlier Injunction Suit Results in Bar.

27 Nov 2019

The appeal arises from a judgment of the Bombay High Court (Nagpur Bench) in a Second Appeal, which upheld the concurrent findings of the Trial Court ...

High Court

Bombay High Court Rejects Plaint Against Foreign Sovereign in Suit for Damages Due to Lack of Consent Under Section 86 CPC. Suit Against Queen of Netherlands Dismissed as Foreign Sovereign Immune from Suit Without Central Government Consent.

20 Jan 2011

The original plaintiff, S.K. Dhondy, proprietor of M/s. S.K. Dhondy & Co., owned a vessel m.v. "SKD-I" which was chartered to Dredging Corporation of ...

High Court

Bombay High Court Dismisses Second Appeal in Land Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. No Substantial Question of Law Arises as Courts Below Concurrently Held That Plaintiffs Failed to Prove Title and Possession Over Suit Land.

19 Apr 2024

The appellants, original plaintiffs, filed a suit for declaration of title and possession over agricultural land. The trial court dismissed the suit, ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Cooperative Society Property Dispute. Petitioners Failed to Prove Possession Over Suit Property, No Prima Facie Case Established for Injunction Under Order 39 Rules 1 and 2 CPC.

1 Oct 2025

The petitioners filed a writ petition challenging the order dated 30.11.2024 passed by the District Judge-1, Karad, which dismissed their appeal again...

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