Search Results for "Ouster"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "Ouster"

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Supreme Court

Supreme Court Allows Bank's Appeal on Jurisdiction in Employment Dispute Due to Exclusive Jurisdiction Clause. Exclusive jurisdiction clauses in employment contracts specifying Mumbai courts are binding and oust jurisdiction of other courts where suits were filed in Patna and Delhi under Section 20 of the Code of Civil Procedure, 1908.

8 Apr 2025

The dispute arose from two civil appeals concerning jurisdiction in employment termination cases. In the lead appeal, an employee, Rakesh, appointed b...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners without ouster or denial of title.

14 Aug 2024

The appellants, who are the sons and daughter of late M.C.Someshwar, filed a Regular First Appeal against the judgment and decree dated 30.11.2016 pas...

Supreme Court

Court Restores Original Decision, Declares Contempt Petition Time-Barred. High Court Review Overstepped Jurisdiction; Importance of Adhering to Limitation Periods in Contempt Proceedings Emphasized

22 Jul 2024

The judgment addresses a contempt petition regarding the failure of a Tahsildar to effect a mutation ordered by a Single Judge. The Division Bench (...

Supreme Court

Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

7 Aug 2019

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

Supreme Court

Supreme Court Allows Appeal by Purchasers from Co-sharer in Injunction Suit: Concurrent Findings of Fact Binding on High Court. Co-sharer's Possession Not Adverse Without Ouster, Purchaser Steps into Vendor's Shoes Under Property Law.

5 Apr 2019

The Supreme Court allowed the appeal by defendant Nos.1 and 2, setting aside the High Court's judgment and restoring the concurrent findings of the Tr...

High Court

Bombay High Court Allows Appeal in Partition Suit — Co-owner Cannot Claim Adverse Possession Without Ouster. Preliminary Decree Set Aside for Failure to Determine Shares Under Hindu Succession Act.

27 Oct 2016

The present appeal arises from a partition suit filed by the respondent (original plaintiff) against the appellant (original defendant) concerning anc...

High Court

Bombay High Court Allows Society's Possession Claim in Tenant Copartnership Housing Society Dispute — Transfer of Flat Without Consent Invalid Under Bye-Laws and Maharashtra Cooperative Societies Act, 1960. The court held that the petitioner, claiming through an invalid transfer, is in illegal occupation and liable to be evicted.

7 Jul 2015

The writ petition was filed by Tedco Exports Pvt. Ltd. challenging the order of the Maharashtra State Cooperative Appellate Court which allowed the ap...

High Court

Bombay High Court Allows Petition to Return Plaint for Lack of Jurisdiction in Summary Suit for Recovery of Money. Court holds that cause of action arose outside Mumbai and City Civil Court lacked territorial jurisdiction under Section 16 CPC.

10 Mar 2015

The petitioner, Naran Lala Pvt. Ltd., a company based in Navsari, Gujarat, challenged an order dated 25.11.2014 passed by the City Civil Court at Bomb...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

28 Jan 2014

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Upheld. Court held that no substantial question of law arose under Section 100 CPC as the appellants failed to prove exclusive title and possession.

30 Nov -0001

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which co...

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