Search Results for "Section 33(3)"

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Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

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Bombay High Court Allows Revision Application in Eviction Suit — Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Illegal.

The present revision application arises from a civil suit for eviction. The respondents (plaintiffs) filed RCS No. 167 of 2008 seeking vacant possessi...

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Bombay High Court Allows Landlord's Interim Application for Monthly Compensation from Tenant Pending Appeal in Eviction Suit. Court applies Atma Ram Properties ratio to grant mesne profits at Rs.70,000 per month from date of trial court decree.

The case involves an interim application filed by the respondent-landlord in a pending civil revision application arising from an eviction suit. The l...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Sets Aside Award Due to Lack of Negligence Evidence. Claimants Failed to Prove Rash and Negligent Driving by Truck Driver; No Liability on Insurer Under Section 166 of Motor Vehicles Act, 1988.

The New India Assurance Co. Ltd. appealed against an award of the Motor Accident Claims Tribunal, North Goa, Mapusa, which allowed a compensation peti...

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Bombay High Court Dismisses Second Appeal in Permanent Injunction Suit — Upholds Concurrent Findings of Possession and Ownership Based on Revenue Records and Prior Adjudication. Tenancy Claim and Agreement of Sale Rejected as Not Proved and Inconsistent with Earlier Proceedings.

The case pertains to a Second Appeal filed by the original defendants (appellants) against the judgment and order dated 7.4.2007 passed by the Princip...