Search Results for "null and void decree"

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Bombay High Court Considers Maintainability of Civil Suit Challenging Registration of Land as Public Trust Under Bombay Public Trusts Act, 1950. The core issue pertains to whether the land is madad-mash inam, which falls outside the purview of the Trust Act, thus the civil court has jurisdiction.

The second appeal arose from a civil suit filed by the original plaintiff (appellant) challenging the registration of his agricultural land as a publi...

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Bombay High Court Dismisses Municipal Council's Appeal Against Decree in Terms of Arbitral Award in Octroi Collection Dispute. Court Holds That Objections Under Section 30 of Arbitration Act, 1940 Cannot Be Raised After Award Is Made Rule of Court.

The appellant, Ambernath Municipal Council, a body corporate under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, ...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court Award of Reinstatement with Back Wages for Illegal Retrenchment. Non-Compliance with Section 25F of Industrial Disputes Act, 1947 Renders Termination Void, and Full Back Wages Are the Normal Rule.

The case involves a writ petition filed by Shree Changdeo Sugar Mills Ltd. and another against 27 workmen challenging the award of the Labour Court, K...

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Bombay High Court Allows Appeal Declaring Marriage Null and Void Due to Lack of Consent and Fraudulent Registration. The court held that the appellant's consistent denial of marriage and evidence of fraudulent registration established lack of consent, rendering the marriage void ab initio.

The appellant, a woman, filed a petition in the Family Court at Mumbai seeking a declaration that she was not the legally wedded wife of the responden...

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High Court of Karnataka Dismisses Second Appeal in Property Dispute — Concurrent Findings of Courts Below Upheld. Sale Deed Cancellation Suit Fails as Plaintiff Failed to Prove Undue Influence or Fraud Under Section 16 of the Indian Contract Act, 1872.

The appellant, Shivakumar, was the plaintiff in O.S.No.2108/2006 before the II Additional Senior Civil Judge, Bangalore Rural District, seeking cancel...

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Bombay High Court Examines Whether Temporary Injunction to Restrain Alienation Pending Suit is Necessary Despite Section 52 of Transfer of Property Act, 1882. The Court Revisits Its Earlier Decision in Sharad Mor's Case in the Context of Multiple Appeals from Orders Refusing Injunctions.

These appeals raised a common question about the necessity of granting a temporary injunction to restrain a defendant from creating third party intere...

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Bombay High Court at Goa Dismisses Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Courts Below. Co-owner Cannot Claim Adverse Possession Against Another Co-owner Without Ouster.

The case involves a family dispute over property among siblings. The appellants, who are co-owners of the suit property, filed a suit for partition an...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. No Substantial Question of Law Arises Under Section 100 CPC as Courts Below Correctly Appreciated Evidence and Held Plaintiffs Failed to Prove Joint Family Property.

The appellants, who were the plaintiffs in a partition suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the...