Search Results for "voidable title"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "voidable title"

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High Court

Bombay High Court Allows Promoter's Appeal in RERA Case, Holding That Acceptance of Delayed Possession Without Protest Does Not Waive Right to Interest Under Section 18 of RERA. Statutory Right to Interest Under RERA Cannot Be Waived by Mere Acceptance of Possession Without a Clear Agreement.

18 Jun 2026

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against an order of the Maharashtra Real Estate Appellate Tribu...

High Court

High Court Dismisses Second Appeal in Forest Land Injunction Suit Due to Illegal Transfer and Lack of Substantial Question of Law. Transfer of Settlement Land Without Prior Sanction Under Indian Forest Act, 1927, is Void, and Possession Under Such Agreement Does Not Confer Title or Invoke Part Performance Protection Under Section 53A of Transfer of Property Act, 1882.

23 Jan 2026

The dispute arose from a second appeal filed by the plaintiff-appellant against concurrent judgments of the lower courts dismissing a suit for permane...

Supreme Court

Supreme Court Denies Permanent Alimony to Spouse of Void Marriage Under Hindu Marriage Act. Sections 24 and 25 of the Hindu Marriage Act, 1955 Do Not Apply to Marriages Declared Void Ab Initio Under Section 11.

7 Mar 2025

The Supreme Court of India considered a reference regarding conflicting views on the applicability of Sections 24 and 25 of the Hindu Marriage Act, 19...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit Against LIC — Tenant Association Fails to Prove Readiness and Willingness. Agreement to Sell Not Concluded as Essential Terms Remained Unsettled and No Binding Contract Was Formed Under Section 10 of Specific Relief Act, 1963.

17 Feb 2023

The appeal arose from a decree of the City Civil Court, Greater Mumbai dismissing S.C. Suit No. 8228 of 1984, which was a suit for specific performanc...

High Court

High Court of Karnataka Dismisses Revision Petition in Property Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Declaration Not Barred by Limitation as Cause of Action Arose from Denial of Title in 2019.

21 Jul 2022

The case involves a civil revision petition filed by the defendants (petitioners) against an order of the trial court rejecting their application unde...

High Court

Karnataka High Court Allows Second Appeal in Execution Dispute Over Attached Property — Sale Agreement Prior to Attachment Confers Right to Resist Execution Under Order XXI Rules 58 and 97 CPC. The Court held that attachment before judgment does not create any right or title, and a prior sale agreement coupled with possession gives the purchaser a right to object to execution.

13 Apr 2015

The appellant, S.K. Gangadhara, entered into a registered sale agreement on 01.07.2004 for the purchase of a house property from Sri B.M. Krishna. The...

High Court

Karnataka High Court Allows Appeal in Suit for Partition and Injunction — Order VII Rule 11 CPC Application Dismissed as Plaint Discloses Cause of Action. Court holds that the plaint cannot be rejected under Order VII Rule 11 CPC when the averments in the plaint, if taken as true, disclose a cause of action and the suit is not barred by any law.

6 Mar 2015

The appellants, who are the plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) ...

High Court

Karnataka High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Suit Not Barred by Limitation or Res Judicata. Order VII Rule 11 CPC Application Dismissed as Plaint Discloses Cause of Action and Is Not Time-Barred.

6 Mar 2015

The appellants, three sisters, filed a suit for partition and separate possession of the suit property claiming to be co-owners along with their broth...

High Court

Bombay High Court Dismisses Appeal Against Company Judge's Order Refusing to Set Aside Attachment of Property by Official Liquidator. Held that the Company Court has jurisdiction to decide questions relating to title and possession of property under Section 446 of the Companies Act, 1956, and the appellants failed to establish their title.

22 Mar 2010

The appellants, Laxman Yeswant Prabhudesai, Uday Laxman Prabhudesai, and Gayatri Uday Prabhudesai, filed an appeal under Section 483 of the Companies ...

High Court

Bombay High Court at Goa Allows Second Appeal in Consent Decree Challenge — Separate Suit to Set Aside Consent Decree on Ground of Illegality Not Maintainable. Order XXIII Rule 3A CPC Bars Such Suit; Appellate Court's Judgment Set Aside as Perverse.

30 Sep 2005

The dispute originated from a suit for eviction (R.C.S. No.62/78) between the parties, who are relatives, concerning a structure/taverna in Survey No....

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