Search Results for "measurement"

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Search Results for "measurement"

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High Court

Madras High Court Partially Allows Section 34 Petition Against Arbitral Award in Railway Contract Dispute — Remits Claim for Reconsideration on Measurement Discrepancy. Court holds that the Arbitral Tribunal's rejection of the claim based on a mistaken understanding of the contract's measurement unit (track metre) constitutes a patent illegality under Section 34 of the Arbitration and Conciliation Act, 1996.

20 Jan 2026

The petitioner, M/s.Muthu Construction, a proprietary concern, entered into a contract with the respondent, Union of India represented by the Southern...

High Court

Madras High Court Allows Second Appeal in Property Dispute Due to Non-Compliance with Remand Order. First Appellate Court Failed to Appoint Commissioner to Measure Property as Per Sale Deeds, Vitiating Its Judgment.

20 Jan 2025

The case involves a property dispute where the plaintiff originally filed a suit for declaration, permanent injunction, and mandatory injunction. The ...

High Court

Bombay High Court Dismisses Petition Challenging Mutation Entries in Land Revenue Records — Mutation Entries Do Not Confer Title and Are Only for Fiscal Purposes Under the Maharashtra Land Revenue Code, 1966.

15 Jul 2019

The petitioners, Shree Sai Reality, Shree Sai Infratech, and Shree Sai Buildtech, through their partner Sandeep Dindyal Aagarval, filed a writ petitio...

High Court

Bombay High Court Dismisses Second Appeal in Landlord-Tenant Dispute Over Eviction and Mesne Profits — Concurrent Findings of Subletting and Unauthorized Construction Upheld Under Section 100 CPC.

19 Mar 2019

The case involves a second appeal filed by the original defendants (tenants) against the concurrent decrees of eviction and mesne profits passed by th...

High Court

Bombay High Court Dismisses Revision Petition in Property Dispute — Appointment of Court Commissioner for Measurement Upheld. The court held that appointment of a commissioner under Order 26 Rule 9 CPC is permissible to elucidate any matter in dispute, including measurement, and the revisional court should not interfere with such discretionary orders.

27 Sep 2016

The petitioner, original defendant No.1 in Special Civil Suit No.21 of 2011, challenged the order dated 2nd December 2011 passed by the learned Civil ...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Partly Performed; Purchaser's Failure to Pay Balance Consideration and Objection to Private Survey Not Valid Grounds to Deny Decree.

16 Aug 2016

The respondent (original plaintiff) and his five sisters were co-owners of agricultural land bearing Gat No.122 admeasuring 27 Ares at Village Marnewa...

High Court

Bombay High Court Dismisses Second Appeal in Encroachment Dispute — Upholds Concurrent Findings of Encroachment Over Agricultural Land. Removal of Encroachment Ordered Based on Cadastral Survey Evidence Under Specific Relief Act, 1963.

2 May 2014

The dispute pertained to agricultural lands in village Navgan, Rajuri, Beed district. The respondent/plaintiff, Sarjerao s/o. Rama Yadav, claimed owne...

High Court

Bombay High Court Allows Second Appeal in Encroachment Suit — Remands for Fresh Consideration of Mesne Profits. Courts below erred in dismissing suit without considering evidence of encroachment and mesne profits under Section 6 of the Specific Relief Act, 1963.

2 Apr 2014

The plaintiffs, owners of field Gat No. 268 admeasuring 5.88 HR at village Dhamana Bk, Tahsil Akot, District Akola, filed a suit alleging encroachment...

High Court

Bombay High Court Dismisses Tenants' Petition Challenging Inspection Order Under Section 28 of Maharashtra Rent Act. Landlord's Application for Measurement of Tenanted Premises Allowed to Ascertain Area for Reconstruction Undertaking Under Section 16(6)(d).

23 Aug 2013

The petitioners, tenants of suit premises, challenged an order passed by the Judge, Small Causes Court, Bombay, allowing the respondent landlord's app...

High Court

Bombay High Court Allows Appeal in Encroachment Dispute Due to Lack of Measurement Evidence. Oral evidence insufficient to prove extent of encroachment without actual measurements and testimony of the measurer.

10 Jan 2007

The case involves a dispute over encroachment. The petitioners (original plaintiffs) filed a suit alleging encroachment by the respondents. The trial ...

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