Search Results for "points for determination"

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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 "points for determination"

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Supreme Court

Supreme Court Allows Municipal Corporation's Appeal Against High Court's Framing of Points for Determination in Eviction Proceedings Under Mumbai Municipal Corporation Act, 1888. High Court Exceeded Jurisdiction by Pre-Determining Issues for Inquiry Officer in Summary Eviction Proceedings, Thereby Delaying Eviction of Unauthorised Occupants of Public Premises.

10 Dec 2024

The Supreme Court allowed the appeals filed by the Municipal Corporation of Greater Mumbai and others against the common judgment and order of the Bom...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Remands Suit for Fresh Consideration Due to Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination by Lower Appellate Court Renders Judgment Unsustainable.

18 Jan 2010

The appellant, Bhagwan Govind Nagre, filed a second appeal challenging the judgment and order dated 06.06.1994 passed by the learned District Judge, B...

High Court

Karnataka High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree of Permanent Injunction. The Court held that the First Appellate Court's failure to frame points for determination under Order 41 Rule 31 CPC vitiated its judgment.

30 Aug 2025

The case involves a property dispute between the appellants (plaintiffs) and the respondents (defendants) concerning a suit for permanent injunction. ...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Sets Aside Concurrent Findings for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

30 Mar 2021

The appellant, Bhausaheb R. Sanap, was defendant No.5 in Regular Civil Suit No.81 of 2000 filed by respondent Nos.1 and 2 (Ratnabai and Satyabhamabai)...

High Court

Bombay High Court Allows Second Appeal in Lease Dispute Due to Improper Points for Determination and Violation of Evidence Act. Appellate Court's reliance on oral evidence despite requirement of written lease under Clause 4 of agreement dated 04/05/1977 held erroneous.

16 Feb 2021

The case involves a second appeal arising from a suit for possession and mesne profits concerning a property in Mapusa, Goa. The appellants (defendant...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Restores Trial Court's Dismissal. Failure of Lower Appellate Court to Frame Points for Determination Under Order 41 Rule 31 CPC Renders Reversal Judgment Unsustainable.

21 Mar 2022

The present second appeal arises from a partition suit filed by the original plaintiffs (respondents no.1 to 8) against the original defendants (appel...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. The First Appellate Court's judgment reversed the Trial Court's decree without framing points for determination or discussing evidence, rendering it unsustainable.

21 Dec 2023

The present Second Appeal was filed by the original defendants (appellants) against the judgment and decree dated 04/07/2005 passed by the learned 2nd...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

23 Oct 2023

The present second appeal arises from a partition suit filed by the original plaintiffs (appellants) against the defendants (respondents). The plainti...

High Court

Bombay High Court Allows Second Appeal in Property Suit, Remands for Fresh Consideration on Issue of Possession and Limitation. Court holds that the first appellate court failed to frame proper points for determination under Order 41 Rule 31 CPC, and that the suit for declaration of title and injunction was not barred by limitation under Article 58 of the Limitation Act, 1963.

28 Jul 2023

The appellants (original plaintiffs) filed a suit for declaration of title and permanent injunction in respect of a property in Goa. They claimed that...

High Court

Bombay High Court at Goa Quashes Trial Court Order Directing Hearing of Restoration Application Without Framing Points of Determination — Violation of Order XIV Rule 3 CPC Mandates Points for Determination in Restoration Proceedings. The Court held that Order XIV Rule 3 CPC applies to applications under Order IX Rule 9 CPC, and the Trial Court must frame points for determination to ensure a focused and fair adjudication.

10 Jul 2026

The Petitioner, M/s. Timblo Enterprises, a sole proprietary concern, filed a Writ Petition before the Bombay High Court at Goa challenging an Order da...

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