Search Results for "pendency"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "pendency"

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High Court

Bombay High Court Quashes Family Court Order, Allows Amendment of Divorce Petition to Include Desertion Ground After Two-Year Separation Elapses During Pendency. The Court Holds That When a Divorce Petition Originally Filed on Ground of Cruelty Becomes Amendable to Add Desertion After the Statutory Period Elapses During Pendency, the Amendment Should Be Allowed, and It Relates Back Only to the Date of the Amendment Application, Not the Original Filing.

21 Sep 2017

The petitioner, the husband, had filed a divorce petition before the Family Court at Nagpur on the ground of cruelty, which was maintainable at the ti...

High Court

Bombay High Court at Goa Upholds Appellate Authority's Order Allowing Landlord's Application Under Section 32(4) of Goa Rent Act for Non-Payment of Rent — Tenant's Justification of Family Litigation Rejected as Insufficient Cause. The court held that the tenant's default in depositing rent for over 9 years during the appeal warranted the drastic remedy of stopping proceedings and directing possession under Section 32(4) of the Goa, Daman & Diu (Lease, Rent and Eviction) Control Act, 1968.

21 Dec 2016

The petitioner, Smt. Kanchan Ramdas Moraskar, was a tenant of premises owned by the respondent, Dr. Armando Joao Benedito Mascarenhas (since deceased,...

High Court

Bombay High Court Allows Development Permission Despite Pending Criminal Case Against Different Property Developer. The court held that a criminal case concerning a different property cannot be a valid ground to refuse development permission for a separate land under a valid development agreement.

14 Nov 2017

The petitioners, M/s. Gurudaya Builders, filed a writ petition challenging the refusal of the Municipal Corporation (Respondent No. 3) to grant develo...

High Court

Bombay High Court Dismisses Petition Challenging Dismissal of Suit Against Unserved Defendant Under Order IX Rule 5 CPC. Failure to Serve Summons on Defendant No.1(c) Despite Court Directions and Lapse of Over Three Years Justifies Dismissal; No Sufficient Cause Shown for Invoking Section 151 CPC.

27 Jun 2024

The petitioner/plaintiff filed R.A.D. Suit No.600 of 2005 before the Small Causes Court, Mumbai, seeking a declaration of tenancy/deemed tenancy in re...

High Court

High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Readiness and Willingness Upheld. Agreement to Sell dated 28.05.2012 for Rs.2,89,000/- with Rs.2,00,000/- Earnest Money Enforced as Plaintiff Proved Continuous Readiness and Willingness.

28 Jun 2024

The plaintiff-respondent filed a suit for specific performance of an agreement to sell dated 28.05.2012, whereby the defendants-appellants agreed to s...

High Court

Bombay High Court Dismisses Contempt Petition for Alleged Violation of Section 15 Hindu Marriage Act — No Willful Disobedience of Court Process. Section 15 of the Hindu Marriage Act, 1955 does not create a legal bar or incapacity to remarry pending appeal; it only imposes a procedural restriction, and its violation does not constitute civil contempt under Section 2(b) of the Contempt of Courts Act, 1971.

8 Sep 2020

The contempt petition was filed by Kanchan Bagade against her husband Prashant Bagade alleging willful disobedience of 'other process of a court' unde...

High Court

Bombay High Court Upholds Eviction Decree Against Tenant in Bombay Rent Act Suit for Default in Rent. Tenant's Conflicting Evidence and Failure to Deposit Rent During Appeal Disentitled Him to Relief Under Section 12(3).

6 May 2005

The dispute arose from an eviction suit filed by the landlords (respondents) against their monthly tenant (petitioner) in the Small Causes Court at Pu...

High Court

Bombay High Court Dismisses Tenant's Revision Against Eviction Decrees on Grounds of Unauthorized Subletting, Bonafide Requirement, and Default in Rent Payment. Concurrent findings of fact by lower courts on unauthorized subletting, bonafide requirement, and default under the Maharashtra Rent Control Act, 1999 were upheld as no jurisdictional error was found.

11 Oct 2024

The dispute pertains to eviction proceedings initiated by the landlord-respondent against the tenant-petitioners in respect of a shop premises in Kolh...

High Court

Bombay High Court Dismisses Tenant's Appeal in Eviction Suit Under Bombay Rent Act — Landlord's Bona Fide Requirement and Tenant's Acquisition of Alternate Premises Upheld. The Court affirmed concurrent findings that the landlord genuinely needed the suit shop for his daughter's tailoring business and that the tenant had acquired suitable alternate premises, satisfying grounds under Sections 13(1)(g) and 13(1)(l) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

23 Sep 2025

The petitioners, legal heirs of the original plaintiff-landlord, filed a writ petition challenging the judgment of the Appellate Bench of the Small Ca...

High Court

Bombay High Court Dismisses Contempt Petition for Alleged Violation of Interim Stay Order in Specific Performance Suit — No Willful Disobedience Found as Sale Deed Was Executed Through Court Process.

14 Jan 2020

The Petitioner, Manohar Modku Tadse, filed a Contempt Petition alleging that the Respondent, Banwarilal S/o Kashiram Dewangan, willfully disobeyed an ...

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