Search Results for "possession delay"

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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 "possession delay"

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Supreme Court

Supreme Court Dismisses Plaintiffs in Property Declaration Suit Due to Omission of Possession Relief. Suit for Declaration and Injunction Held Not Maintainable Under Section 34 of Specific Relief Act, 1963 as Plaintiff, Not in Possession, Failed to Seek Further Relief of Possession.

25 Nov 2021

The dispute originated from a suit filed in 1987 by Arakeri Abbaiah, the original plaintiff, seeking declaration of ownership and permanent injunction...

High Court

Bombay High Court Allows Condonation of Delay in Execution Proceedings for Decree Holder. Delay of 13 Years in Filing Execution Application Condoned as Sufficient Cause Shown for Non-Filing Due to Pendency of Appeal and Other Proceedings.

15 Oct 2018

The petitioner, M/s. Botanium Limited (now merged in Go Airlines (India) Limited), was the decree holder in Regular Civil Suit No. 292 of 1983. The su...

High Court

Bombay High Court Allows Second Appeals in Property Suit, Remands for Fresh Consideration on Issue of Possession and Limitation. The court held that the lower appellate court's findings on possession were perverse and not based on evidence, requiring a fresh adjudication on limitation and adverse possession under Article 65 of the Limitation Act, 1963.

30 Nov -0001

The case involves three second appeals arising from a suit for possession filed by Salvador Quadros (respondent/plaintiff) against Conceicao Quadros a...

High Court

Bombay High Court Quashes Condonation of 9-Year Delay in Recall Application in Suit Withdrawal Case — Unconditional Withdrawal Under Order XXIII Rule 1(1) CPC is Plaintiff's Absolute Right. The court held that the plaintiff's right to unconditionally withdraw a suit is absolute and cannot be fettered by the court, and a delay of over 9 years in seeking recall of such an order cannot be condoned without sufficient cause.

21 Feb 2025

The petitioner, M/s. Vaishnavi Engineers and Developers Private Limited, had filed a suit (RCS No. 782 of 2012) against the respondents seeking declar...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Land Acquisition Due to Gross Delay and Laches. Petitioner's failure to establish tenancy and inordinate delay in challenging notifications under Land Acquisition Act bars relief.

5 Nov 2012

The petitioner, Vinayak Bhaskar Sinai Dhume, filed a writ petition in the High Court of Bombay at Goa challenging notifications dated 7th April 1999 a...

Supreme Court

Supreme Court Allows Flat Purchasers' Appeal in Consumer Dispute Against Developer for Delayed Possession — Interest Extended Until Actual Possession. The Court held that the developer cannot avoid liability for interest by denying possession due to the filing of a consumer complaint, and the contractual compensation rate was inadequate under the Consumer Protection Act, 1986.

11 Feb 2019

The case involves a consumer dispute between flat purchasers and a developer, Mantri Castles Pvt. Ltd., regarding delayed possession of flats in Banga...

High Court

Bombay High Court Allows Second Appeal in Property Injunction Suit — Condonation of Delay Principles Reiterated. First Appellate Court erred in rejecting delay condonation application by applying strict limitation principles instead of liberal approach under Section 5 of Limitation Act, 1963.

8 Oct 2018

The case involves a second appeal arising from a property dispute. The plaintiff, Vinay Madhukar Kulkarni, filed Regular Civil Suit No.155 of 2007 for...

High Court

Bombay High Court Quashes Criminal Proceedings in Central Excise Case Due to Inordinate Delay and Lack of Sanction. Prosecution for Alleged Removal of Scrap Resistors Without Payment of Duty Fails as Complaint Filed After 4 Years and Sanction Under Section 9 of Central Excise Act, 1944 Not Obtained.

14 Dec 2005

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Case No....

High Court

Bombay High Court Dismisses Petition Challenging DRAT Order Upholding DRT's Refusal to Condon Delay in Filing Appeal Against Recovery Certificate. The court held that the petitioner failed to show sufficient cause for the delay of over 7 years in filing the appeal under Section 20(3) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

29 Aug 2012

The petitioner, Manilal Govindji Khona, a sole proprietor of Messrs. Prisiko Cotton Traders, filed a writ petition challenging the order dated 10.4.20...

High Court

High Court of Karnataka Allows Appeal in Possession Suit — Appellant's Adverse Possession Claim Fails Due to Lack of Evidence of Hostile Possession and Non-Payment of Court Fee on Counterclaim. The court held that mere long possession without hostile animus does not constitute adverse possession under the Limitation Act, 1963.

17 Nov 2021

The present appeal arises from a decree for possession passed by the trial court in O.S.No.77/1999. The respondents (plaintiffs) claimed that the suit...

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