Search Results for "special limitation"

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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...
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Search Results for "special limitation"

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High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Sets Aside Concurrent Findings Due to Non-Joinder of Necessary Party and Improper Appreciation of Evidence. The court held that the suit for partition and separate possession was not maintainable without impleading the legal representatives of a deceased co-sharer, and that the appellate court failed to properly re-appreciate the evidence as required under Section 100 CPC.

4 Feb 2013

The appellant, Mohd. Munner, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree...

High Court

Bombay High Court Allows Tax Appeal in Family Settlement Capital Gains Case — Reopening Under Section 147/148 Invalid Due to Change of Opinion and Limitation. Consent Decree Approved by Civil Court Held to Be a Bona Fide Family Arrangement Not Attracting Capital Gains Tax.

8 Nov 2019

The case involves a tax appeal by the Power of Attorney holder of Lorna Margaret Pinto, a Non-Resident Indian, against the Assistant Commissioner of I...

High Court

Bombay High Court Holds Limitation Under Section 36(8) of Waqf Act, 1995 is Directory — Waqf Board Can Entertain Registration Applications Beyond Three Months. The court overruled the earlier view in Mohd. Ansar Salik v. Shaikh Hamid Babumiya Inamdar that the limitation was mandatory, allowing the petitioners' application to be considered on merits.

18 Dec 2019

This judgment by a Larger Bench of the Bombay High Court at Nagpur addresses a reference arising from a writ petition where a learned Single Judge dis...

High Court

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.

18 Oct 2023

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

High Court

Bombay High Court Dismisses Condonation of Delay in Review Petition by Zilla Parishad — Unexplained Delay of 3 Years and 3 Months Not Condonable. Local Self-Government's Clumsy Decision-Making Process Not Sufficient Cause for Inordinate Delay.

20 Nov 2025

The judgment concerns a Civil Application filed by the Chief Executive Officer, Education Officer (Primary), and Chief Account Officer of Zilla Parish...

High Court

Bombay High Court Adjudicates Applications for Appointment of Arbitrator under Section 11 of Arbitration and Conciliation Act, 1996 in Partnership Dispute. The Court considered whether to appoint a sole arbitrator for disputes arising from a partnership deed containing multiple arbitration clauses.

28 Aug 2014

The applicants, Prakash Cotton Mills Pvt. Ltd. and Bharat Barrel And Drum Manufacturing Company Pvt. Ltd., filed two arbitration applications under Se...

High Court

Bombay High Court Allows Appeal Against Remand Order in Contract Dispute — Limitation Issue Must Be Decided as Preliminary Point. Court holds that Order XLIII Rule 1(u) CPC appeal is maintainable against a remand order that fails to decide a preliminary issue of limitation, and directs the trial court to frame and decide the limitation issue first.

8 Mar 2021

The appellant, Tikamdas s/o Sukhdevdas Vaishnao, filed an appeal under Order XLIII Rule 1(u) of the Code of Civil Procedure, 1908 (CPC) against the ju...

High Court

Bombay High Court Allows Execution Petition in Limitation Dispute — Decree Merger with Appellate Decree Determines Starting Point for Article 136 Limitation Act, 1963. Doctrine of merger applied to hold that limitation for execution runs from date of appellate decree, not trial court decree.

9 Mar 2010

The case involves a writ petition under Article 227 of the Constitution of India challenging an order of the executing court dismissing the petitioner...

High Court

Bombay High Court Dismisses Municipal Council's Appeal in Contract Recovery Suit — Limitation Period Under Article 18 of Limitation Act Runs from Completion of Work, Not from Demand or Refusal. The court upheld the trial court's decree for balance payment for work completed on 22.5.1990, as the suit filed in 1993 was within the three-year limitation period under Article 18 of the Limitation Act, 1963.

7 Feb 2005

The appellant, Alibag Nagar Parishad (Municipal Council), challenged the judgment and decree of the Civil Judge, Senior Division, Raigad at Alibag in ...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit, Confirms Concurrent Findings on Limitation and Valuation. Article 65 of Limitation Act, 1963 applies to suit for possession based on title, and valuation under Section 14(1) of Maharashtra Court Fees Act, 1959 is not a jurisdictional issue.

15 Dec 2016

The appellant, original defendant, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgments ...

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