Search Results for "Limitation Act, 1908"

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Bombay High Court Dismisses Appeal in Suit for Specific Performance — Limitation Bar Not Decided at Plaint Stage. Question of limitation is a mixed question of law and fact requiring trial under Order 7 Rule 11(d) CPC.

The present appeal arises from a suit filed by the predecessor of respondent Nos. 1(i) to 1(iii) (the plaintiff) against the appellants (defendants) s...

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Bombay High Court Dismisses Second Appeal Upholding Suit for Possession After Symbolical Delivery in Execution; Plea of Non-Maintainability and Limitation Cannot Be Raised First Time in Second Appeal. Cross-Objection Held Maintainable After Admission of Appeal.

The litigation originated from a suit for possession, declaration, and damages regarding agricultural lands bearing Survey Nos. 1/2 and 54/3. The land...

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Bombay High Court at Aurangabad Considers Challenge to Rejection of Condonation of Delay in Inam Appeal. Question Involves Whether Service Inam Lands Are Exempt from Hyderabad Abolition of Inams and Cash Grants Act, 1954, and Whether Appeal Should Be Decided on Merits Despite Limitation.

The writ petition was filed in the High Court of Judicature at Bombay, Bench at Aurangabad, challenging the order of the Divisional Commissioner, Aura...

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Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute - Tribunal Lacks Jurisdiction For Non-Notified Properties, Civil Court Retains Authority For Property Status Determination.

The Supreme Court allowed the appeal filed by Appellants against Respondents, setting aside the High Court order and allowing the application under Or...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Leave to Sue Under Section 92 CPC for Public Trust Dispute. Section 52 of Maharashtra Public Trust Act Bars Application of Sections 92 and 93 CPC to Public Trusts.

The petitioners, members of Mahad Taluka Maratha Seva Sangh, a trust registered under the Maharashtra Public Trust Act, 1950 and the Societies Registr...

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High Court of Bombay at Goa Dismisses Petition Challenging Panchayat Order for Demolition of Toilet Constructed on Common Well. Construction of Toilet and Septic Tank on a Common Well Without Permission Violates Panchayat Raj Act, 1994 and Public Health Norms.

The petitioner, Milagrina D'Mello, and the first respondent, John Gonsalves, are neighbours sharing a common well on the boundary of their properties....

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Contract Dispute for Lack of Merit. Section 34 of Arbitration and Conciliation Act, 1996 challenge fails as no patent illegality or perversity found in award rejecting damages for breach of contract.

The present petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 25th March 2021 pas...