Search Results for "Partly Decreed"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Partly Decreed"

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High Court

Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Possession and Title. Co-owner in possession cannot be dispossessed except by due process of law; decree for possession based on title is maintainable.

10 Apr 2023

The present second appeal was filed by the original defendant (Rakesh Engineering, through its proprietor Chandrika Mohan Sharma) against the judgment...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Executing Court's Order Refusing to Recall Warrant of Possession Under Order XXI Rule 97 CPC. Executing Court's Discretion to Refuse Recall of Warrant After Delivery of Possession Upheld as No Material Irregularity Shown.

25 Jul 2022

The petitioners, original decree holders in Execution Application No. 22/2008, filed a writ petition under Article 227 of the Constitution challenging...

High Court

Bombay High Court Grants Decree for Lease Termination and Arrears in Favour of Lessor Against Company in Liquidation. Lease agreement validly terminated due to default in payment of rentals; lessor entitled to recovery of arrears and possession of machinery.

6 Jan 2010

The plaintiff, Indbank Merchant Banking Services Limited, filed a suit against Nicelcon Limited (in liquidation) and Raju H. Mahatani seeking a declar...

High Court

Bombay High Court Allows Second Appeal in Injunction Suit Involving Lis Pendens Transfer. Transfer of Suit Property During Pendency of Appeal Attracts Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882.

30 Sep 2010

The respondent filed a suit for injunction against Mohd.Osman, which was decreed on 1.4.2006. Mohd.Osman appealed on 15.4.2006. During the pendency of...

High Court

Bombay High Court Holds Transporter Liable for Breach of Trust in Delivery of Goods Without Discharged Lorry Receipts — Plaintiff's Claim for Price of Goods Against Consignee and Transporter Partly Decreed. The court found that the transporter's failure to obtain discharged lorry receipts constituted breach of contract of carriage and breach of trust, making it jointly and severally liable with the consignee for the price of the goods.

11 May 2012

The plaintiff, National Textile Corporation Ltd., filed a suit for recovery of Rs.84,931.48 with interest against defendant No.1 (K.L. Kapadia), the c...

High Court

Bombay High Court Allows Second Appeal in Land Encroachment Dispute, Remands for Fresh Consideration of Cadastral Survey Evidence. The court held that the lower appellate court failed to properly consider the Cadastral Surveyor's report which found encroachment of 1½ gunthas over the plaintiff's share, and remanded the matter for fresh adjudication.

29 Jan 2019

The present second appeal was filed by the original plaintiff, Raghunath Kashinath Chavan, against the judgment and decree passed by the lower appella...

High Court

Bombay High Court at Goa Dismisses Petition Challenging Execution Proceedings Order in Eviction Case — Upholds Trial Court's Discretion to Appoint Commissioner for Possession Delivery Under Order 21 Rule 35 CPC. The High Court held that the trial court's order appointing a commissioner to deliver possession did not suffer from any jurisdictional error or perversity warranting interference under Article 227 of the Constitution.

29 Mar 2019

The petitioners, original defendants in a suit, challenged an order dated 06/05/2018 passed by the Civil Judge, Panaji in Execution Proceedings. The t...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower appellate court's decree confirming plaintiff's title and possession based on sale deed and adverse possession.

30 Nov -0001

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, arising from a property dispute. The original plaintiff (sin...

High Court

Bombay High Court Allows Second Appeal in Encroachment Suit, Restores Trial Court Decree. First Appellate Court Erred in Reversing Ex-Parte Decree Without Considering Evidence of Encroachment by TILR.

22 Apr 2019

The appellant, Sudhakar s/o Baburao Kulkarni, was the original plaintiff in Regular Civil Suit No. 143 of 2010 filed before the Civil Judge Junior Div...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Unauthorized Demolition — Finds Lower Courts Erred in Holding Construction on Public Road Without Evidence. The court held that the burden of proof under Sections 101 and 102 of the Indian Evidence Act, 1872 was on the respondent to show the construction was on a public road, and the lower courts' finding was perverse.

6 Apr 2005

The appellant, Nasirkhan Fazalkhan, filed a suit in the Bombay High Court against the Kalyan Municipal Council seeking a declaration that the construc...

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