Search Results for "Surveyor's Report"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "Surveyor's Report"

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High Court

High Court of Karnataka Allows Appeal in Final Decree Proceedings — Non-Compliance with Preliminary Decree Directions Renders Final Decree Unsustainable. The court set aside the final decree in FDP No.9/2013 as the trial court failed to ensure compliance with the preliminary decree's directions regarding payment of owelty and costs before drawing the final decree.

16 Apr 2025

The appeal arises from a final decree in FDP No.9/2013 passed by the Principal Senior Civil Judge, Saundatti. The appellant, who was the 1st responden...

Supreme Court

Supreme Court Partially Allows Insurance Company's Appeal in Consumer Dispute Over Insurance Claim Quantum. The Court Remands Matter to National Consumer Disputes Redressal Commission for Fresh Determination of Compensation Amount Due to Procedural Error in Evidence Consideration Under Consumer Protection Act, 1986.

7 Apr 2025

The Supreme Court heard an appeal filed by United India Insurance Co. Ltd. under Section 23 of the Consumer Protection Act, 1986, challenging a judgme...

High Court

High Court of Karnataka Quashes Execution Court Order in Recovery of Possession Case — Petitioner's Application for Re-Delivery Dismissed as Not Maintainable Under Order XXI Rule 100 CPC. Court Held That Order XXI Rule 100 CPC Applies Only When Decree Holder Is Not Party to Proceedings, Not When Decree Holder Seeks Possession Against Judgment Debtor.

9 Jul 2024

The petitioner, Smt. Girija Poojarthi, was the defendant No.7 in a suit for recovery of possession (O.S.No.374/1999) which was decreed on 24.07.2007. ...

Supreme Court

Supreme Court Remands Land Encroachment Case to High Court for Failure to Address Substantial Question of Law. High Court formulated question regarding sustainability of concurrent findings after surveyor's report but dismissed second appeal without deciding it, necessitating remand for proper adjudication under Code of Civil Procedure, 1908.

21 Sep 2021

The dispute originated from a civil suit filed by the appellant (plaintiff) alleging encroachment by two defendants on land purchased in 1995. The pla...

High Court

Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim for Death of Housewife. Notional Income of Deceased Housewife Fixed at Rs. 3,000 per Month with Multiplier of 15 and 1/3rd Deduction for Personal Expenses.

6 Nov 2020

The present appeal was filed by the claimants, Smt. Yeshoda Y. Palyekar and Prakash Yeshwant Palyekar, being aggrieved by the judgment and award dated...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Insurance Dispute — Loss of Profit Claim Rejected Due to Flood Exclusion Clause. The court upheld the arbitrator's finding that 'inundation' was excluded under the Loss of Profit (Fire) Policy, and the claim was not maintainable.

11 Mar 2020

The petitioner, Agrocel Industries Pvt. Ltd., was engaged in the production of Marine Chemical Bromine and had availed a 'Loss of Profit (Fire) Policy...

High Court

Bombay High Court Allows Second Appeal in Land Encroachment Dispute, Remands for Fresh Consideration of Cadastral Survey Evidence. The court held that the lower appellate court failed to properly consider the Cadastral Surveyor's report which found encroachment of 1½ gunthas over the plaintiff's share, and remanded the matter for fresh adjudication.

29 Jan 2019

The present second appeal was filed by the original plaintiff, Raghunath Kashinath Chavan, against the judgment and decree passed by the lower appella...

High Court

Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands Case for Fresh Measurement by Court Commissioner. Courts below erred in discarding survey evidence and rejecting application for appointment of Commissioner under Order XXVI Rule 9 CPC.

22 Feb 2018

The appellant, Tulsabai, was the original plaintiff who filed a suit for possession after removing encroachment allegedly committed by the respondents...

High Court

High Court of Karnataka Quashes Appointment of Taluka Surveyor as Court Commissioner in Partition Suit — Violation of Order XX Rule 18 CPC. Court Commissioner Must Be an Advocate or Disinterested Person, Not a Government Official, to Ensure Impartiality and Avoid Conflict of Interest.

27 Nov 2015

The petitioner, Lagama Beerasidda Pujeri, challenged an order dated 6.2.2015 passed by the Principal Civil Judge & JMFC, Raibag, in FDP No.3/2012, whe...

High Court

Bombay High Court Allows Suit for Insurance Claim in Fire Policy Dispute - Insurer Liable for Loss of Hypothecated Goods Despite Alleged Breach of Condition. The court held that the insurer failed to prove that the machinery breakdown condition was breached or that it caused the fire, and the plaintiffs had insurable interest in the goods.

10 Apr 2006

The plaintiffs, M/s T.T. Blades (a partnership firm manufacturing razor blades) and a bank (plaintiff no.2), filed a suit for recovery of Rs.4,44,155 ...

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