Search Results for "Easementary Rights"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Easementary Rights"

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High Court

Gujarat High Court Condoned 6110 Days Delay in Filing Application to Set Aside Abatement and Bring Legal Heirs in Second Appeal — Sufficient Cause Shown for Death of Original Appellant and Continuous Litigation. The court held that the term 'sufficient cause' under Section 5 of the Limitation Act, 1963 should be liberally construed to advance substantial justice, and condoned the delay subject to costs.

11 Feb 2026

The present judgment arises from a Second Appeal No. 17 of 2003 pending before the Gujarat High Court. The original appellant, Vira Meru Jotwa, had fi...

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,...

High Court

High Court of Bombay at Goa Dismisses Revision Challenging Rejection of Plaint Rejection Application in Tenancy Dispute — Civil Court Jurisdiction Not Barred Under Agricultural Tenancy Act as Plaint Discloses Cause of Action for Easementary Rights and Possessory Remedies.

22 Jun 2023

The petitioner, Comunidade of Calapur, filed a Civil Revision Application under Section 115 of the CPC challenging the order dated 07/09/2017 passed b...

High Court

Bombay High Court Allows Fishermen Cooperative's Petition Against Demolition of Fishermen Huts in Coastal Zone. Court Holds That Traditional Fishing Communities Have Customary Rights to Occupy Foreshore Land for Livelihood, Subject to Environmental Clearances Under CRZ Notification, 2011.

12 Aug 2021

The petitioner, Mariyayi Macchimaar Sahkari Sanstha Maryadit, a cooperative society of traditional fishermen, filed a writ petition challenging the pr...

Supreme Court

Supreme Court Allows Union of India's Appeals in National Highways Act Acquisition Cases — Non-Grant of Solatium and Interest Upheld. The Court held that Section 3J of the National Highways Act, 1956, excluding solatium and interest under the Land Acquisition Act, 1894, is not violative of Article 14 of the Constitution.

3 Sep 2019

The Supreme Court, in a batch of appeals filed by the Union of India and the National Highways Authority of India (NHAI), considered the validity of t...

Supreme Court

Supreme Court Allows Union of India's Appeals in National Highways Act Land Acquisition Cases — Section 3J Not Violative of Article 14. The Court held that the non-grant of solatium and interest under the National Highways Act, 1956 is not discriminatory and the Act is a complete code.

9 Aug 2019

The Supreme Court, in a batch of appeals filed by the Union of India, considered the validity of the non-grant of solatium and interest under the Nati...

High Court

Bombay High Court Upholds Trial Court's Order Permitting Withdrawal of Suit with Liberty to File Fresh Suit Under Order XXIII Rule 1(3) CPC — Defect in Map and Incomplete Prayers Constitute Formal Defect.

7 Apr 2017

The case arises from a civil revision application filed by the original defendant, Kashinath Badhe, challenging an order of the trial court dated 07/0...

High Court

Bombay High Court Allows Writ Petition Challenging Revisional Order Under Maharashtra Land Revenue Code for Non-Consideration of Facts and Violation of Natural Justice. Additional Commissioner's order set aside for failing to consider ancestral rights, easementary rights, civil court orders, and sale deeds, and for not providing notice to the petitioner.

28 Jul 2011

The petitioner, Gajanan Tejrao Deshmukh, filed a writ petition challenging the order dated 1/7/2011 passed by the Additional Commissioner, Amravati Di...

High Court

Bombay High Court Allows Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Possession and Title Set Aside for Failure to Consider Evidence. The court held that the appellate court must consider evidence on record and cannot reverse a well-reasoned decree without proper analysis.

22 Jun 2010

The appellant, Sitaram son of Mahagu Bandabuche, filed a second appeal before the Bombay High Court, Nagpur Bench, against the judgment and order date...

High Court

Bombay High Court Dismisses Petition Challenging Construction on Community Land in Orlim, Goa. Petitioners failed to establish any legal right or title over the suit property, and the challenge to the construction was held to be not maintainable.

30 Nov -0001

The petitioners, thirteen residents of Orlim, Goa, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court a...

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