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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...
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Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not B...

Search Results for "RFA"

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High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Plaint in Real Estate Dispute — RERA Bar Under Section 79 Applies to Civil Suits for Possession and Damages. The court held that a civil suit for possession and damages against a developer is barred by Section 79 of the Real Estate (Regulation and Development) Act, 2016, as the dispute falls within the purview of the Real Estate Regulatory Authority.

20 Dec 2024

The case involves a dispute between M/s H.M. Infra Tech Pvt. Ltd. (formerly a partnership firm) and the H.M. Tamborine Apartments Owners Association a...

High Court

High Court of Karnataka Allows Appeal in Rent Recovery Suit — Defendant Not Liable for Rent After Vacating Premises. Tenant's Liability for Rent Ceases Upon Vacating and Handing Over Possession, Even Without Formal Termination Notice Under Section 106 of Transfer of Property Act, 1882.

12 Dec 2024

The case involves a Regular First Appeal filed by the defendant, M. Bhaskar, against the judgment and decree dated 27.06.2015 passed by the VII Additi...

High Court

High Court of Karnataka Allows Appeal in Declaration and Possession Suit — Sale Deed by Co-owner Without Consent of Other Co-owners Not Binding on Plaintiff. Transfer of Property Act, 1882, Section 44 — Co-owner cannot transfer undivided share in specific property without consent of other co-owners; decree for possession cannot be granted against co-owner in possession.

23 Feb 2023

The appellant, L Rudramuni Swamy, was the first defendant in a suit filed by the original plaintiff Rachappa @ Rachaiah (since deceased, represented b...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Plaint Not Barred by Section 70 of Karnataka Societies Registration Act, 1960. Order VII Rule 11 CPC Application Rejected as Suit Discloses Cause of Action and Is Not Time-Barred.

10 Nov 2022

The petitioner, defendant No.3 in O.S.No.49/2010, filed a civil revision petition under Section 115 CPC challenging the order dated 17.12.2018 passed ...

High Court

High Court of Karnataka Dismisses Appeal in Declaration and Injunction Suit — Upholds Trial Court's Finding of Plaintiff's Possession and Title Based on Mutation and Revenue Records. The court affirmed the decree of declaration and permanent injunction in favor of the plaintiff, holding that the plaintiff had established possession and title through mutation entries and revenue records, and the defendants failed to prove their claim.

12 Aug 2022

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, by the defendants (appellants) against the judgm...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Specific Performance Suit — Maintainability of Civil Suit Not Barred by Senior Citizens Act, 2007. Order 7 Rule 11 CPC Rejection Set Aside as Plaint Disclosed Cause of Action and Bar Under Section 23 of Senior Citizens Act Not Applicable to Agreements Prior to Act.

30 Jun 2022

The appellant/plaintiff filed a suit for specific performance of contract of sale, alleging that the respondent/defendant executed a registered agreem...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Decree Granting 1/3rd Share Each to Plaintiffs in Defendant's 1/6th Share. The Court held that the plaintiffs, being the wife and daughter of the first defendant, are entitled to a share in his separate property as per the Hindu Succession Act, 1956.

15 Mar 2022

The appeal was filed by the defendants against the judgment and decree dated 09.10.2015 passed by the Senior Civil Judge and JMFC, Raibag, in O.S.No.9...

High Court

Karnataka High Court Dismisses Appeal in Service Matter — Limitation Bar for Recovery of Salary Arrears. Suit for recovery of salary arrears filed after 20 years held barred by limitation under Article 58 of Limitation Act, 1963.

24 Feb 2022

The appellant, Smt. Rabiya Abdul Hamid Bepari, filed a Regular First Appeal under Section 96 read with Order 41 Rules 1 and 2 of the Code of Civil Pro...

High Court

High Court of Karnataka Allows Appeal in Property Dispute Over 'AB' Wall — Remand Order Set Aside for Lack of Jurisdiction. First Appellate Court Exceeded Powers Under Order 41 Rule 23 CPC by Remanding Without Recording Satisfaction That Decree Was Reversed or Set Aside.

16 Feb 2022

The present miscellaneous second appeal was filed by the appellants/defendants challenging the judgment and decree dated 31.01.2013 passed by the Fast...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Application Under Order XXXIX Rule 2A CPC for Alleged Violation of Injunction Order. Court holds that mere filing of a suit for permanent injunction does not automatically establish willful disobedience of an interim order without proof of specific notice and deliberate defiance.

23 Feb 2021

The appellants, who were plaintiffs in a suit for permanent injunction, filed an application under Order XXXIX Rule 2A CPC alleging that the responden...

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