Search Results for "rule against perpetuity"

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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

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Bombay High Court Dismisses Revision Against Wakf Tribunal Order Upholding Plaintiff's Title Over Wakf Property. The court held that the Wakf Tribunal had jurisdiction to decide the suit and that the plaintiff's suit was not barred by limitation.

The case involves a dispute over Survey Gut No.66 of village Harsool, Aurangabad. The plaintiff, Pratapsingh s/o Nursing Kakarwal, filed a suit before...

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Supreme Court Dismisses Appeal in Pre-emption Case, Holding Limitation Runs from Each Sale Under Rajasthan Pre-Emption Act, 1966. Each Sale of Property Gives Fresh Cause of Action for Pre-emption, and Failure to Challenge Earlier Sales Does Not Bar the Right Under Article 97 of Limitation Act, 1963.

The appeal arose from a suit for pre-emption filed by the predecessor-in-interest of respondent No.1 (original plaintiff) against the appellant and ot...

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Bombay High Court Dismisses Challenge to Arbitral Award in Broadcast Rights Dispute — Upholds Award of Rs. 4.77 Crore with Interest. Arbitrator's findings on breach of contract and quantum of damages were not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

The Petitioner, Maharashtra Film Stage and Cultural Development Corporation Ltd., a Government of Maharashtra corporation, challenged an Arbitral Awar...

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Bombay High Court at Aurangabad Hears Letters Patent Appeal Against Dismissal of Review in Kulkarni Watan Land Regrant Case. Decides on Rights of Purchaser Versus Successors of Original Watandar Under Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950.

The dispute involved lands bearing Survey Nos. 135 and 144 at Jamda, Jalgaon, originally held as Kulkarni Watan. In 1944, the vendor Ramchandra Tembul...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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Karnataka High Court Allows Appeal Against Dismissal of Injunction in Property Dispute — Prima Facie Case Established for Temporary Injunction. The court set aside the trial court's order and remanded for fresh consideration of the injunction application under Order 39 Rules 1 and 2 CPC.

The appellant, M/s Lumbini Gardens Limited, filed a suit for permanent injunction to restrain the respondents (State of Karnataka and others) from unl...