Search Results for "abatement"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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...
Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Ac...
High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Pay...

Search Results for "abatement"

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High Court

Bombay High Court Allows Condonation of Delay in Bringing Heirs on Record in Property Suit Appeal — Emphasizes Liberal Approach Under Order 22 Rule 10A CPC. The court set aside the rejection of a composite application for condonation of delay and bringing legal representatives, holding that a separate application to set aside abatement is not necessary.

23 Aug 2012

The petitioners, original appellants in Regular Civil Appeal No.524 of 1996, filed a writ petition challenging the order dated 9/12/2010 passed by the...

High Court

Bombay High Court Dismisses Second Appeal as Not Maintainable Against Order of Abatement of Suit. Order dismissing substitution application and holding suit abated is not a 'decree' under Section 2(2) CPC, hence no second appeal lies under Section 100 CPC.

24 Nov 2005

The appellant, plaintiff no.1, filed a second appeal against an order of the Additional District Judge which affirmed the trial court's order dismissi...

High Court

Gujarat High Court Allows Revision Against Abatement of Rent Suit Under Bombay Rent Act — Legal Heirs Entitled to Continue Suit as Tenants. Tenancy Rights Are Heritable Under Section 29(2) of the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947, and the Trial Court Erred in Rejecting Impleadment and Ordering Abatement Without Considering Order 22 Rule 3 CPC.

24 Mar 2026

The present Civil Revision Application was filed under Section 29(2) of the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947, by the ori...

Supreme Court

Supreme Court Allows State Appeal in Confiscation Case Under Bihar Special Courts Act, 2009, Reinstating Confiscation of Assets Despite Death of Accused Public Servant. Confiscation Proceedings Are Independent of Criminal Trial and Do Not Abate Upon Death, as Property Acquired Illegally Remains Subject to Confiscation Under Sections 13-15 of the Bihar Special Courts Act, 2009.

20 Mar 2026

The appeal arose from a judgment of the High Court which set aside confiscation proceedings against the respondent, following the death of her husband...

High Court

Bombay High Court Dismisses Judgment Debtors' Revision Against Execution Decree in Land Possession Case — Order XXII Rule 2 CPC Application Rejected as Death of Decree Holder Occurred After Decree, No Abatement. The court held that Order XXII Rule 2 applies only to pending suits, not execution proceedings, and the death of a decree holder after decree does not cause abatement.

3 Feb 2014

The case involves a Civil Revision Application filed by the judgment debtors (applicants) against an order of the Civil Judge, Junior Division, Chalis...

High Court

High Court of Bombay Upholds Compensation in Motor Accident Claim — Insurance Company's Appeal Dismissed, Claimant's Cross-Appeal Partly Allowed. Multiplier of 13 applied for deceased aged 41 years; dependency income assessed at Rs.2,000 per month; no deduction for personal expenses as claimant is widow.

25 Apr 2011

The case arises from a motor vehicle accident on 5th May 1993 at J.P. Road, Andheri, where Harish Pasu Bolar, a 41-year-old tailor, was hit by a vehic...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Plaint in Suit for Specific Performance — Suit Barred by Limitation. The court held that the plaint must be rejected under Order VII Rule 11(d) CPC when the suit is clearly barred by limitation based on the averments in the plaint.

30 Nov -0001

The appellant, Romesh Satyanarayan Sharma, filed a suit for specific performance of an agreement to sell dated 15.07.2005 against the respondents, Mrs...

High Court

High Court Dismisses Petition Challenging Rejection of Impleadment Application in Partition Suit -- Trial Court's Discretion Under CPC Upheld Despite 20-Year Delay in Filing

9 Jan 2026

The petitioner challenged the Trial Court's order rejecting her application to implead family members as defendants in a partition suit pending since ...

Supreme Court

Supreme Court Allows Execution of Decree Despite Pending Appeal: Abatement of Appeal Against Deceased Defendants Renders Appeal Ineffective. Legal Heir of Original Decree-Holder Entitled to Execute Trial Court Decree Where Appeal Against Deceased Defendants Abated Under Order 22 Rule 3 CPC.

1 Jan 2025

The appellant, Vikram Bhalchandra Ghongade, is the legal heir of the original plaintiffs who obtained a decree in RCS No.181 of 2001 from the trial co...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside First Appellate Court's Decree for Non-Compliance with Order 8 Rule 10 CPC and Abatement of Appeal. The court held that the first appellate court failed to assign reasons for reversing the trial court's findings and that the appeal abated due to non-joinder of legal representatives of deceased defendants.

9 Aug 2019

The dispute pertains to ancestral joint family property originally owned by Rau Salunkhe, who had two sons, Bapu and Bajrang. The respondent No.1, Sun...

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