Search Results for "Regular Civil Suit"

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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...
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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Regular Civil Suit"

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High Court

Bombay High Court Nagpur Bench Considers Second Appeal in Partition Suit Involving Joint Family Property and Competing Claims Under Two Wills. The Court Examines the Effect of a Prior Family Settlement and Memorandum of Partition on the Plaintiff’s Right to a Share in the Estate of the Deceased Female Coparcener.

4 Apr 2016

Background — The dispute concerned joint family properties left by Jethmalji, who died in November 1956, survived by his widow Smt. Heerabai and ste...

Supreme Court

Supreme Court Allows Appeal in Partition Suit: Time Spent in Order IX Rule 13 Proceedings Can Constitute Sufficient Cause for Condonation of Delay in Filing Appeal Under Section 96(2) CPC. The Court held that the right of appeal under Section 96(2) CPC is a statutory right and cannot be barred by dismissal of an application under Order IX Rule 13 CPC, and that time spent in pursuing such proceedings can be considered sufficient cause under Section 5 of the Limitation Act, 1908.

7 May 2019

The Supreme Court allowed the appeal filed by Bhivchandra Shankar More against the judgment of the Bombay High Court which had refused to condone the ...

High Court

Bombay High Court Dismisses Tenant's Petition Against Eviction in Rent Control Dispute — Subletting and Unauthorized Occupation Established. Tenant failed to prove lawful succession or consent of landlord for occupation by cousin, leading to eviction under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

3 Jan 2020

The petition was filed by Vasant Sadashiv Joshi (petitioner no.1) and his family members, who were original defendant no.2 in a suit for eviction file...

High Court

High Court of Karnataka Dismisses Defendant's Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Possession of 3 Guntas Land Decreed Based on Plaintiff's Title and Encroachment by Defendant.

8 Oct 2015

The respondent/plaintiff Basappa filed a suit for possession in O.S. No.215/2006 before the Principal Civil Judge (Jr.Dn.), Mudhol, claiming ownership...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Dismissal in Default Under Order 9 Rule 9 CPC Does Not Bar Subsequent Suit for Partition. The bar under Order 9 Rule 9 CPC applies only when the earlier suit was dismissed in default and the subsequent suit is on the same cause of action; a suit for partition is a continuing cause of action and hence not barred.

16 Jun 2017

The case involves a second appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for partition and separate possess...

High Court

High Court of Karnataka, Dharwad Bench Adjudicates Regular First Appeal and Cross Objection Against Trial Court's Partial Decree in Suit for Declaration and Injunction. Court Addresses Maintainability, Adoption Validity, and Ancestral Property Claims.

1 Aug 2017

The Regular First Appeal and Cross Objection arose from a judgment and decree of the Principal Senior Civil Judge, Bagalkot, in O.S. No.57/2010, a sui...

High Court

Bombay High Court Considers Maintainability of Civil Suit Challenging Registration of Land as Public Trust Under Bombay Public Trusts Act, 1950. The core issue pertains to whether the land is madad-mash inam, which falls outside the purview of the Trust Act, thus the civil court has jurisdiction.

13 Nov 2006

The second appeal arose from a civil suit filed by the original plaintiff (appellant) challenging the registration of his agricultural land as a publi...

High Court

Bombay High Court Considers Second Appeals Regarding Evaluation of Handwriting Expert Evidence and Proof of Sale Deed in Land Dispute. Lower Courts Dismissed Suits Claiming Fraudulent Sale Deed, Preferring Direct Evidence Over Expert Opinion Under Section 45 of Evidence Act.

26 Jul 2013

The case arose from two civil suits filed by the original plaintiff (appellant herein) against the defendant (respondent No.1) and a co-operative bank...

High Court

Bombay High Court Considers Writ Petition Against Central Government Industrial Tribunal Award Directing Regularization of Contract Labour at Hindustan Petroleum Refinery. The Court examines whether contract workers engaged through licensed contractors should be absorbed as permanent employees under notifications under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970.

4 Mar 2010

This writ petition under Article 226 of the Constitution challenged the award of the Central Government Industrial Tribunal No.2, Mumbai, which direct...

High Court

High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Rejects Adverse Possession Claim by Co-owner. Court holds that a co-owner in possession cannot claim adverse possession against another co-owner unless there is ouster or denial of title, and that a preliminary decree for partition can be passed even if some properties are not available for division.

12 Nov 2021

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30.11.2015...

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