Search Results for "amended plaint"

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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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Search Results for "amended plaint"

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High Court

High Court of Karnataka Dismisses Appeal in Property Dispute — Upholds Trial Court's Decree for Declaration and Permanent Injunction. Plaintiff's Title Established Through Registered Sale Deed and Tax Records, Defendant's Adverse Possession Claim Fails for Lack of Evidence.

5 Mar 2015

The case involves a property dispute where the original plaintiff, L.C. Hanumanthappa (since deceased, represented by legal representatives), filed a ...

Supreme Court

Supreme Court Quashes High Court Order Allowing Amendment of Plaint in Partition Suit Due to Lack of Due Diligence and Impermissible Challenge to Compromise Decree. Amendment Sought at Fag End of Trial to Add Declaration Prayer Was Rejected as Oversight Alone Does Not Satisfy Proviso to Order VI Rule 17 CPC and Remedy for Compromise Decree Lies Only Before Same Court Under Order XXIII Rule 3 CPC.

29 Feb 2024

The dispute arose from a suit for partition of ancestral property filed by respondents No. 1 and 2 in 2005. They pleaded the existence of a compromise...

Supreme Court

Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

13 Jan 2023

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...

High Court

Bombay High Court Holds Executors Entitled to Evict Gratuitous Licensee from Flat Bequeathed Under Will. The court ruled that the defendant, a step-grandson occupying Flat No.501 as a family member, was a gratuitous licensee and not a tenant, and the civil court had jurisdiction to entertain the suit for possession.

15 Oct 2013

The suit was filed by the plaintiffs, John Francis Anthony Gonsalves and Charles Willibroad Gonsalves, who are brothers and executors of the will of t...

High Court

Bombay High Court Allows Amendment of Plaint in Partition Suit Despite Trial Commencement — Liberal Construction of Order VI Rule 17 CPC. Daughter's Claim for Share in Ancestral Property Supported by RTI Information Constitutes Sufficient Cause for Amendment.

25 Jun 2014

The petitioner, Smt. Shantabai Thakre, filed a suit for declaration, permanent injunction, partition, and separate possession against her two step-bro...

High Court

High Court of Karnataka Allows Husband's Petition to Reject Wife's Suit Challenging Divorce Decree — Family Court's Order Set Aside for Lack of Jurisdiction Under Section 7 of Family Courts Act. The Family Court lacks jurisdiction to entertain a suit for declaration that its own decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, is null and void; the proper remedy is appeal.

17 Nov 2014

The petitioner, Chethan D.S., and the respondent, Manjushree N.T., were married on 5 September 2010. Differences arose, and they separated after about...

High Court

High Court of Karnataka Hears Appeals Against Rejection of Interim Injunction in Civil Suit Pertaining to Society Dispute. Appeals Filed Under Order 43 Rule 1(r) CPC Challenging Trial Court's Order Declining to Grant Temporary Injunction Against Alleged Illegal Resolution of Rajya Vokkaligara Sangha.

7 Jul 2023

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High Court

Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

18 Jun 2024

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

High Court

High Court Allows Defendant to Produce Documents in Cross-Examination Despite Non-Compliance with Order VIII Rule 1A(1) of CPC. Procedural Rules as Handmaid of Justice Permit Production for Limited Purpose of Confrontation When Documents Relate to Pleaded Facts and Are Not Foreign to Case.

4 Mar 2026

The petition was filed by defendant no. 1 challenging the trial court's order rejecting his application to produce documents to confront plaintiff no....

High Court

Bombay High Court Considers Maintainability of Commercial Appeals Against Interim Orders in Trademark Infringement Suits. Preliminary Objection Raised That Orders Impugned Do Not Fall Within Appealable Categories Under Section 13(1A) of Commercial Courts Act, 2015 as Amended.

17 Oct 2018

These two commercial appeals were filed by the original defendants in intellectual property suits pending before the Bombay High Court. The suits, ins...

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