Search Results for "Sham Decree"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "Sham Decree"

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High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Benami Transaction Not Proved. Suit for declaration and possession decreed as plaintiff established title through sale deed and possession, while defendant failed to prove that property was purchased benami in plaintiff's name.

31 Mar 2023

The appellant-defendant Mahadev filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the concurrent judgment...

Supreme Court

Supreme Court Reverses Appellate Decisions and Upholds Trial Court Decree in Property Dispute Involving Registered Sale Deed. The Court held that the registered sale deed is valid as fraud was not proven, oral evidence cannot contradict its terms under Section 91 of the Evidence Act, 1872, and amendments to pleadings after long delay were improper, with the second suit barred by res judicata under Section 11 of the Code of Civil Procedure, 1908.

30 Sep 2021

The dispute arose between brothers over property ownership following a registered sale deed dated 14.9.1970. The plaintiff (elder brother) filed a sui...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Holds That Evidence Act Sections 91 and 92 Do Not Bar Proof of Oral Agreement That Document Was Not Intended to Be Acted Upon. The court ruled that a defendant need not file a separate suit for specific performance to rely on an agreement of reconveyance as a defence.

17 Dec 2019

The present second appeal arises from a property dispute between the original plaintiff (respondent) and the original defendant (appellant). The plain...

High Court

Bombay High Court Grants Leave to Defend in Commercial Summary Suit for Recovery Under Deed of Cancellation — Triable Issues Raised Regarding Validity of Agreement and Quantum of Amount. The court held that the defendant raised substantial triable issues entitling unconditional leave to defend under Order XXXVII CPC.

12 Dec 2019

The plaintiff, Dimples Infra, a registered partnership firm engaged in property development, filed a commercial summary suit against the defendant, He...

Supreme Court

Supreme Court Upholds Decree of Specific Performance in Land Sale Agreement Case. Concurrent Findings of Fact Establish Genuine Agreement to Sell with Full Consideration and Possession, No Discretion to Refuse Specific Performance Under Section 20(2)(c) of Specific Relief Act, 1963.

26 Sep 2019

The original appellant, Leeladhar, entered into a registered agreement to sell 18 bighas of land to Deshraj for Rs.40,000 on 15.02.1985, receiving Rs....

High Court

Bombay High Court Dismisses Writ Petition Challenging Eviction Decree in Landlord-Tenant Dispute. Concurrent findings of default in payment of rent and subletting without consent upheld under Section 108 of the Transfer of Property Act, 1882 and Order 20 Rule 12 CPC.

30 Apr 2019

The petitioners, Orbit Super Market Private Limited and the legal heirs of Dr. Shrikant Jichkar, challenged concurrent orders of the trial court and a...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit Involving Tribal Land Transfer. Decree for specific performance of agreement to sell tribal land to non-tribal can be granted subject to obtaining permission under Section 36A of Maharashtra Land Revenue Code.

17 Dec 2018

The appellant, Babasaheb Dhondiba Kute, a non-tribal, entered into an agreement dated 31.07.2001 with the respondent, Radhu Vithoba Barde, a tribal, f...

High Court

Bombay High Court Sets Aside Arrest of Vessel in Admiralty Suit for Lack of Maritime Claim — Charterer's Claim for Sub-Charterer's Expenses Not a Maritime Lien. The court held that a claim for damages arising from a sub-charterer's expenses due to arrest of the chartered vessel by a third party does not constitute a maritime claim under the Admiralty Act, 2017, and the vessel cannot be arrested for such a claim.

6 Jun 2016

The case involves a Notice of Motion filed by the Applicant, the owner of the vessel M.V. AODABAO (Defendant No. 1), seeking to vacate the order of ar...

High Court

Bombay High Court Dismisses Appeal Against Decree for Want of Written Statement in Specific Performance Suit. Failure to File Written Statement Despite Repeated Opportunities Justifies Decree Under Order 8 Rule 5(2) and Rule 10 CPC.

16 Aug 2012

The case arises from a suit filed by the respondent (original plaintiff) against the appellants (original defendants) seeking specific performance of ...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Finds Substantial Question of Law on Adverse Possession and Co-owner's Possession. Court holds that possession of one co-owner is possession of all co-owners unless there is ouster, and that the trial court and first appellate court erred in not considering this principle under the Limitation Act, 1963.

30 Nov -0001

The present second appeal arises from a suit for possession and declaration of title filed by the original plaintiffs (respondents herein) against the...

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