Search Results for "civil suit dismissal"

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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. ...
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Search Results for "civil suit dismissal"

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High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court's refusal to decree specific performance of agreement to sell, finding plaintiff failed to prove readiness and willingness to perform contract under Section 16(c) of Specific Relief Act, 1963.

12 Mar 2015

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...

High Court

Bombay High Court Dismisses Civil Revision Application in Trust Property Dispute — Upholds Trial Court's Refusal to Reopen Evidence. Applicant failed to demonstrate sufficient cause for recall of witness under Order 18 Rule 17 CPC, as the application was filed after a long delay and lacked bona fides.

30 Nov -0001

The case involves a civil revision application filed by Sau. Sumita Pradeepkumar Dixit (original defendant No. 4) against the Gangadhar Makharia Chari...

High Court

Bombay High Court Dismisses Tenants' Petition Against Dismissal of Application to Set Aside Decree in Eviction Suit. Decree Passed Not Ex-Parte but Under Order XVII Rule 2 CPC, as Defendants Had Appeared Earlier and Failed to Appear at Subsequent Hearings Without Sufficient Cause.

17 Nov 2025

The dispute arose from an eviction suit filed by Kshtriya Dnyati Sabha, a registered public trust under the Bombay Public Trust Act, 1950, against the...

Supreme Court

Supreme Court Allows Appeal in Partnership Law Case on Maintainability of Suit by Unregistered Firm. The Court held that Section 69(2) of the Indian Partnership Act, 1932 does not bar a suit for declaration and injunction based on fraud and statutory rights, as it does not involve enforcement of contractual rights.

31 Jan 2022

The appeal arose from a suit filed by an unregistered partnership firm, Shiv Developers, seeking declaration and injunction to nullify a sale deed dat...

High Court

Bombay High Court Dismisses Revision Against Maintainability of Second Eviction Suit — Order 9 Rule 9 CPC Bar Not Attracted When Earlier Suit Dismissed Under Order 9 Rule 3 CPC for Non-Appearance of Both Parties. The court held that a second suit on the same cause of action is not barred when the earlier suit was dismissed under Order 9 Rule 3 (neither party appearing) rather than Order 9 Rule 8 (plaintiff absent, defendant present).

2 Dec 2010

The case involves a civil revision application filed by Ronnie Lawrence Fernandes (applicant) against Smt. Hoshbanoo Aspi Irani and another (responden...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Sets Aside Concurrent Findings Due to Non-Joinder of Necessary Party and Improper Appreciation of Evidence. The court held that the suit for partition and separate possession was not maintainable without impleading the legal representatives of a deceased co-sharer, and that the appellate court failed to properly re-appreciate the evidence as required under Section 100 CPC.

4 Feb 2013

The appellant, Mohd. Munner, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree...

High Court

Karnataka High Court Considers Appeal and Cross-Objection on Quantum of Damages After Earlier Final Ruling of Illegal Termination. Managerial Employee's Stigmatic Termination Without Enquiry Declared Void; Damages Quantified at Rs.26.76 Lakhs Subject to Challenge in Appeal and Enhancement Sought by Cross-Objector.

20 Feb 2015

The case arose from the termination of the plaintiff, H.R. Thimappa Gowda, a Diploma holder in Metallurgy who had worked in various capacities at Goet...

Supreme Court

“Mandatory Injunction vs Possession: Supreme Court Clarifies Section 41(h) Specific Relief Act (2026 INSC 61)”“Cloud on Title & Possession: Why Injunction Suit Fails

15 Jan 2026

In Sanjay Paliwal v. Bharat Heavy Electricals Ltd., the plaintiffs sought a mandatory injunction to remove a wall allegedly blocking access to their l...

High Court

Bombay High Court Orders Restoration of Possession Under Section 6 of Specific Relief Act for Forcible Dispossession. Plaintiff Proved Prior Possession and Forcible Ouster by Defendant with Armed Men, Entitling Him to Summary Remedy Without Proof of Title.

11 Aug 2005

The plaintiff, Om Nath Chudamani Sharma, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of possession of Flat No. ...

High Court

Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

22 Sep 2022

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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