Search Results for "declaration decree"

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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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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "declaration decree"

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High Court

Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside for Ignoring Compromise Decree. Plaintiff's Sale Deed Upheld as Valid Despite Prior Partition, as Compromise Decree Confirmed Shankar's Half Share and Right to Sell.

2 Aug 2022

The appellant, Dagdu Rangnath Shingan, filed a second appeal challenging the concurrent findings of the trial court and first appellate court which di...

High Court

Bombay High Court Dismisses Decree Holder's Challenge to Stay of Execution and Modifies Condition for Occupation Charges in Cooperative Dispute. Court upholds District Court's power to impose conditions while granting stay, but reduces monthly occupation charges from Rs.15,000 to Rs.5,000 considering the decree holder's age and the occupant's long possession.

26 Feb 2019

The judgment concerns two writ petitions arising from the same order of the District Court. The decree holder, Dr. Keshav Gavhale, had obtained an awa...

High Court

Bombay High Court Upholds Stay on Execution of Cooperative Court Decree with Condition of Occupation Charges — Decree Holder's Right to Possession Subject to Payment of Mesne Profits by Judgment Debtor

26 Feb 2019

The judgment concerns two writ petitions arising from the same order of the District Court. The decree holder, Dr. Keshav Gavhale, had obtained an awa...

High Court

Bombay High Court Division Bench Answers Referred Questions on Adequacy of Protection Under Section 52 of Transfer of Property Act and Grant of Interim Injunctions. The Court Examined Whether Section 52 TP Act Provides Sufficient Safeguard to Deny Injunction Pendente Lite and the Role of Notice Registration Under Section 18 of the Indian Registration Act.

4 Oct 2016

The appeal arose from an order of the Trial Court rejecting the appellant's application for temporary injunction in a suit for specific performance of...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below have concurrently found that the plaintiff failed to prove title and possession.

22 Jun 2024

The present second appeal was filed by the original plaintiff (since deceased, represented by legal representatives) against the judgment and decree d...

High Court

Bombay High Court Hears Interim Application in Redevelopment Dispute – Plaintiff Seeks Eviction of Remaining Occupants under Development Agreement. Court Addresses Whether Non-Cooperating Occupants Can Be Compelled to Vacate Pending Suit Where Majority Have Already Vacated.

16 Oct 2025

This matter arises from an interim application filed by the plaintiff, Ambit Life Style Homes LLP, in a suit for enforcement of a registered developme...

High Court

Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Construction on Municipal Land. The court held that the petitioner had no legal right to the land and the demolition order was valid under the Mumbai Municipal Corporation Act, 1888.

6 Dec 2012

The petitioner, Manish Estates Pvt. Ltd., filed a writ petition challenging the demolition order dated 6th October 2010 passed by the Deputy Chief Eng...

High Court

High Court of Bombay at Goa Dismisses Second Appeal in Property Suit — Appellants Not Defendants in Original Suit. The court held that the appellants, who were not parties to the original suit, cannot challenge the decree as they were not defendants and the suit was not collusive.

14 Jan 2020

The case involves a second appeal filed by the appellants, who claimed to be the defendants in Regular Civil Suit No.54/2001. However, upon examinatio...

High Court

Bombay High Court Allows Debenture Trustee's Claim for Payment from Suit Amount Held by Court Receiver in Priority Over Assignee of Decree. The court held that an assignee of a decree steps into the shoes of the assignor and cannot claim priority over the original decree holder who is a debenture trustee.

23 Nov 2016

The dispute arose from a suit filed by ICICI Bank Ltd. (plaintiff) as debenture trustee for holders of 15% non-convertible debentures issued by Pal Pe...

High Court

High Court of Karnataka Quashes Compromise Decree in Civil Suit Due to Fraud and Non-Compliance with Order XXIII Rule 3 CPC — Suit Restored for Hearing on Merits. The court held that a compromise decree obtained without a written and signed compromise and without the court recording satisfaction about its lawfulness is illegal and liable to be set aside under Order XXIII Rule 3 of the Code of Civil Procedure, 1908.

9 Jun 2015

The petitioner, Kasturevva, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwa...

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