Search Results for "declaration decree"

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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 "declaration decree"

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High Court

Bombay High Court Quashes Minister's Revision Order in Land Partition Dispute — Holds That Revenue Authorities Cannot Reopen Final Civil Court Decrees Under Maharashtra Land Revenue Code. The court ruled that the revisional power under Section 257 of the Maharashtra Land Revenue Code, 1966 cannot be used to re-adjudicate a partition decree that attained finality in 1956, and that a delay of over 12 years in filing revision is fatal.

4 Nov 2025

The Bombay High Court was hearing a batch of writ petitions challenging an order dated 27 September 2024 passed by the Minister (Revenue and Forest De...

Supreme Court

Supreme Court Allows Decree-Holders' Appeals Against Executing Court's Interim Stay Order in Execution Proceedings. Held That Executing Court Cannot Stay Execution Beyond Order XXI Rule 29 CPC and Must Follow Procedure Under Order XXI Rule 37 CPC Before Arrest.

12 May 2023

The case involves appeals by the decree-holders (appellants) against an interim order dated 29th June 2018 passed by the Principal Sub-Judge, Kottayam...

Supreme Court

Supreme Court Allows Appeal in Family Property Dispute Over Compromise Decree Registration. Compromise Decree Arising from Family Settlement Does Not Require Compulsory Registration Under Section 17(2)(vi) of Registration Act, 1908, as Parties Had Pre-existing Rights as Heirs.

6 Jul 2021

The dispute involved two sons of late Vijendra Singh contesting ownership of ancestral land. The appellant filed a suit for possession in 1978, disput...

High Court

Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

29 Oct 2013

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

High Court

Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

30 Aug 2016

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

Supreme Court

Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

12 Jan 2024

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

High Court

Bombay High Court Dismisses Second Appeal in Trust Dispute — Upholds Concurrent Findings on Validity of Consent Decree. Court holds that a consent decree passed in a suit for administration of trust is not null and void and can be challenged only on grounds of fraud or collusion, which were not established.

8 Jan 2014

The original plaintiff, Sushilabai Byramji, filed Regular Civil Suit No.63 of 1982 seeking rendition of accounts, execution of trusts, setting aside o...

High Court

Madras High Court Allows Writ Appeal Against District Registrar's Order Cancelling Registered Settlement Deeds — Fraudulent Collusion and Abuse of Process Established. Court sets aside cancellation of settlement deeds executed by daughters in favour of father, holding that the District Registrar lacked jurisdiction to cancel registered documents under the Registration Act, 1908.

6 Jan 2025

The case involves a writ appeal filed by K. Ratnam against an order of the learned Single Judge dated 07.12.2018 dismissing his writ petition. The app...

Supreme Court

Supreme Court Allows Defendant's Appeal in Land Dispute and Quashes Permanent Injunction Granted to Plaintiff. Court held that when plaintiff fails to obtain declaration of title and suit for cancellation of sale deed is time-barred, permanent injunction to protect possession cannot be granted as it is a consequential relief and requires lawful possession under Specific Relief Act, 1963.

3 Mar 2022

The dispute involved agricultural land where the plaintiff's husband executed a registered sale deed in 1975 in favor of the defendant for the entire ...

High Court

Bombay High Court Allows Execution Petition for Specific Performance Despite Delay, Holding Limitation for Execution Runs from Date of Decree Becoming Final. The court clarified that under Article 136 of the Limitation Act, 1963, the 12-year period for execution of a decree for specific performance commences from the date the decree becomes final, not from the date of the decree.

13 Jun 2013

The petitioner, the original plaintiff in Special Civil Suit No.1208 of 1994, filed a suit for specific performance of an Agreement of Sale dated 25th...

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