Search Results for "misconceived suit"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
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Search Results for "misconceived suit"

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Supreme Court

Supreme Court Reverses High Court Decision and Upholds Dismissal of Second Suit on Grounds of Res Judicata and Order II Rule 2 CPC. The Court held that the second suit was barred as it involved the same parties, subject matter, and cause of action as the first suit, and the High Court erred in interfering with concurrent findings under Section 100 CPC.

9 Apr 2026

The dispute originated from an adoption deed dated March 23, 1961, where Respondent allegedly adopted Channappa. In 2002, Respondent filed Suit-I (O.S...

High Court

Bombay High Court Allows Compromise Decree in Property Suit Despite Third-Party Intervention Claim — Consent Terms Binding on Parties, Intervener's Rights Not Affected. The Court held that a compromise between the original parties does not affect the rights of a third party claiming independent title, and such third party need not be impleaded in the suit.

29 Nov 2024

The judgment arises from a suit filed by Vinesh Rashmikant Shah and others (Plaintiffs) against Pee Jay Traders and others (Defendants) concerning dis...

Supreme Court

Supreme Court Partially Allows Appeal in Recovery Suit Against Sick Industrial Company — Suspension of Proceedings Under Section 22(1) of SICA Does Not Bar Suit for Unadmitted Debt. High Court's Grant of 24% Compound Interest Reduced to 12% Simple Interest.

29 Apr 2024

The case involves a dispute between Fertilizer Corporation of India Ltd. (FCIL), a public sector undertaking, and M/s Coromandal Sacks Private Limited...

High Court

Bombay High Court Dismisses Plaintiff's Interim Application in Copyright Suit Over Film 'Adipurush' — Credit Already Granted in Character Assets. Court holds that once credit is given, the grievance is addressed and no interim relief is necessary.

18 Aug 2023

The plaintiff, Trishul Media Entertainment, filed a Commercial IPR Suit and Interim Application seeking ad-interim relief including credit in the film...

High Court

High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Cannot Be Invoked After Decree Is Passed. Execution Court Erred in Staying Execution Based on Subsequent Suit Filed by Judgment Debtor After Decree.

18 Jan 2023

The petitioners (decree holders) obtained a decree for possession in O.S. No. 79/2003 (originally O.S. No. 3/1971) against the respondent (judgment de...

High Court

High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Not Applicable When Subsequent Suit Relates to Different Property. Decree Holders' Right to Possession Upheld as Judgment Debtor's Application for Stay Was Based on a Suit Involving Different Subject Matter, Constituting Abuse of Process.

18 Jan 2023

The petitioners (decree holders) obtained a decree for possession and mesne profits in O.S. No. 3/1971 (later renumbered O.S. No. 79/2003) against the...

High Court

Bombay High Court Upholds Eviction Decree Against Tenant in Bonafide Requirement Case — Landlord's Need for Residential Premises Prevails After 40-Year Litigation. The court affirmed concurrent findings of bonafide requirement under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, dismissing the tenant's petition.

22 Jan 2018

The case involves a long-standing eviction dispute between a landlord, M.K. Mahipalsingh, and a tenant, Messrs. Indian Scientific Glass Industries, a ...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Specific Performance of Agreement/MoU and Deed of Assignment Due to Lack of Privity of Contract and Non-Compliance with Stamp Act. The court held that a third party cannot enforce a contract to which it is not a party, and that unregistered and insufficiently stamped documents cannot be admitted in evidence.

6 May 2016

The plaintiff, Excel Enterprises, a partnership firm, filed a suit seeking a declaration that there is a valid and binding Agreement/MoU dated 28th Se...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Finds Substantial Question of Law on Adverse Possession and Co-owner's Possession. Court holds that possession of one co-owner is possession of all co-owners unless there is ouster, and that the trial court's finding of adverse possession was perverse.

29 Nov 2013

The case involves a second appeal filed by the original defendants against the judgment and decree dated 24.07.2012 passed by the learned District Jud...

High Court

Bombay High Court Grants Specific Performance of Agreement to Sell Property Based on Consent Terms. Consent decrees passed against defendant heirs who stepped into shoes of original defendants, confirming plaintiff's right to specific performance of suit agreement.

12 Aug 2010

The plaintiff, Virsen Balwantsingh Solanki, instituted Suit No. 1808 of 1981 in the Bombay High Court for specific performance of an agreement dated 2...

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