Search Results for "civil suit dismissal"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "civil suit dismissal"

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Supreme Court

Supreme Court Allows Appeal in Civil Suit for Declaration Regarding Cheque Security — Revisional Court's Order Rejecting Plaint Restored. The court held that a suit seeking declaration that a cheque was handed over as security is barred under Section 41 of the Specific Relief Act, 1963 and lacks cause of action, warranting rejection of plaint under Order VII Rule 11 CPC.

21 Mar 2022

The Supreme Court allowed the appeal filed by defendant no.1, M/s Frost International Limited, against the order of the Orissa High Court which had se...

Supreme Court

Supreme Court Allows Appeals in Part, Holds Interest on Delayed Payments Act, 1993 Applicable to Contracts Entered Before Its Commencement for Delays Occurring After 23.09.1992. The Court ruled that the Act is retroactive and applies to all payments made after its commencement, and that a suit for interest alone is maintainable.

23 Jan 2019

The Supreme Court considered appeals arising from a common judgment of the Gauhati High Court which had set aside trial court decrees in favor of supp...

High Court

Bombay High Court Upholds Trial Court's Pecuniary Jurisdiction in Property Suit — Valuation Based on Market Value Determines Forum. Suit for Declaration and Injunction Over Non-Agricultural Property Must Be Valued Under Section 6 of Bombay Court Fees Act, 1959; Plaintiffs Directed to Pay Deficit Court Fees.

13 Apr 2015

The case involves a challenge to an order dated 28 October 2014 passed by the 16th Joint Civil Judge, Junior Division, Pune, which held that the court...

High Court

Bombay High Court Dismisses Writ Petition Challenging Executing Court's Refusal to Reopen Partition Decree Based on Will. Executing Court Cannot Go Behind a Final Decree to Redetermine Shares on Basis of Alleged Will Produced After Decree Became Absolute.

1 Jul 2024

The Bombay High Court dismissed a Writ Petition challenging the order of the Executing Court rejecting an application for framing of issues and modifi...

High Court

High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Rejects Adverse Possession Claim by Co-owner. Court holds that a co-owner in possession cannot claim adverse possession against another co-owner unless there is ouster or denial of title, and that a preliminary decree for partition can be passed even if some properties are not available for division.

12 Nov 2021

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30.11.2015...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Partly Performed; Purchaser's Failure to Pay Balance Consideration and Objection to Private Survey Not Valid Grounds to Deny Decree.

16 Aug 2016

The respondent (original plaintiff) and his five sisters were co-owners of agricultural land bearing Gat No.122 admeasuring 27 Ares at Village Marnewa...

High Court

Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property.

25 Apr 2023

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a ...

High Court

High Court Disposes Petitions Under Section 9 of Arbitration Act in Loan Default Cases — Financiers Sought Receiver and Injunction Against Borrower Company and Its Guarantor. Prima Facie Satisfaction of Outstanding Amounts Recorded and Interim Directions Including Status Quo Ordered Against Borrowers to Secure Claims of Rs.100 Crore and Rs.25 Crore.

21 Feb 2013

Two arbitration petitions were filed under Section 9 of the Arbitration and Conciliation Act, 1996 by Tata Capital Financial Services Limited and L&T ...

High Court

Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction.

1 Sep 2023

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the...

High Court

Bombay High Court Allows Amendment to Plaint in Suit for Specific Performance — Period of Bona Fide Prosecution of Earlier Proceedings Excluded for Limitation Under Section 14 of Limitation Act, 1963. The court permitted the plaintiff to amend the plaint to seek exclusion of time spent in prosecuting a suit and appeal in the Small Causes Court, holding that such amendment is necessary for determining the real controversy and does not change the nature of the suit.

10 May 2013

The plaintiff, Bharat Petroleum Corporation Ltd. (BPCL), filed a suit for specific performance against the defendants in the Bombay High Court. The su...

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