Search Results for "surveyor report"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "surveyor report"

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Supreme Court

Supreme Court Remands Land Encroachment Case to High Court for Failure to Address Substantial Question of Law. High Court formulated question regarding sustainability of concurrent findings after surveyor's report but dismissed second appeal without deciding it, necessitating remand for proper adjudication under Code of Civil Procedure, 1908.

21 Sep 2021

The dispute originated from a civil suit filed by the appellant (plaintiff) alleging encroachment by two defendants on land purchased in 1995. The pla...

High Court

Bombay High Court Allows Second Appeal in Land Encroachment Dispute, Remands for Fresh Consideration of Cadastral Survey Evidence. The court held that the lower appellate court failed to properly consider the Cadastral Surveyor's report which found encroachment of 1½ gunthas over the plaintiff's share, and remanded the matter for fresh adjudication.

29 Jan 2019

The present second appeal was filed by the original plaintiff, Raghunath Kashinath Chavan, against the judgment and decree passed by the lower appella...

Supreme Court

Supreme Court Dismisses Insurance Claim in Consumer Dispute Over Deterioration of Stock Policy. Claim Rejected as Insured's Admission of Proper Temperature Maintenance Triggered Policy Exceptions Excluding Liability if Temperature Did Not Exceed 4.4°C.

24 Jan 2022

The appeal originated from a judgment of the National Consumer Disputes Redressal Commission dated 14 August 2018 in Consumer Case No 37 of 2010. The ...

Supreme Court

Supreme Court Allows Complainant in Insurance Claim Dispute by Reinstating State Commission Award - Reinstatement Value Payable Over Depreciated Value Under Fire Insurance Policy. Interpretation of Clause 9 of Section 2 of Standard Fire and Special Perils Policy Requires Payment of Reinstatement Value When Insurance Company Unable to Reinstate, as Assessed by Surveyor, Resolving Ambiguity in Favor of Insured.

13 Jan 2023

The dispute arose from a fire insurance claim under a Standard Fire and Special Perils Policy obtained by the complainant, with a sum insured initiall...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Insurance Dispute — Floater Policy Interpretation and Burden of Proof Upheld. The court held that the arbitrator's finding that the policy was not a floater policy and that the insured failed to prove loss was not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

27 Nov 2012

The petitioner, M/s. Boghara Polyfab Pvt. Ltd., obtained a Standard Fire and Special Perils Policy from the respondent, National Insurance Company Ltd...

High Court

Bombay High Court Allows Second Appeal in Land Encroachment Case — Measurement Map Not Proved as Per Law. Court holds that mere production of measurement map without examining the surveyor or proving its preparation in accordance with the Maharashtra Land Revenue Code, 1966 is insufficient to establish encroachment.

20 Sep 2019

The case involves a dispute over land encroachment between the plaintiff-respondent (Deolal) and the defendant-appellants (Ukarda and his legal repres...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute Over Flood vs. Seepage — Heavy Rainfall Causing Sudden Inundation Constitutes Flood, Not Seepage, Under Householder Insurance Policy. The court held that the insurer's repudiation based on 'seepage' was unjustified as the damage was caused by flood, a covered peril under the policy.

11 Jul 2025

The appellant, Gopal Dikshit, owned a premises in New Delhi insured with United India Insurance Company Ltd. under a Householder Insurance Policy vali...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Case — Delay in Intimation Not a Breach of Policy Condition. Notice Given Next Day After Night Accident Satisfies 'Immediate' Requirement Under Policy Condition 1.

19 Nov 2019

The appellant, Kamlesh, owned a truck that was damaged in a fire accident occurring in the night intervening 1st and 2nd June 2009. He raised an insur...

High Court

Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands for Fresh Consideration of Measurement Evidence. Court holds that the lower appellate court failed to consider the TILR's map and report, which constituted a substantial question of law under Section 100 CPC.

8 Nov 2019

The present second appeal arises from a suit for possession of encroached land. The appellants, original plaintiffs, are members of a joint family own...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Concurrent Findings for Non-Compliance of Order 7 Rule 3 CPC. Court Holds That Non-Filing of Plan/Sketch with Plaint Is Not Fatal If Encroachment Can Be Identified Through Other Evidence.

18 Dec 2015

The appellant, Pratapsingh Raoji Rane, filed a suit for mandatory injunction against the respondents, Jitendra Zoiba Rane and others, alleging encroac...

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