Search Results for "defendant's right"

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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 "defendant's right"

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High Court

Bombay High Court Dismisses Appeal in Partition Suit — Appellants Fail to Prove Exclusive Title Over Suit Property. Court upholds trial court's finding that suit property was joint family property and not self-acquired, dismissing appeal for lack of evidence.

30 Nov -0001

The appellants, five sisters, filed a suit for partition and separate possession of a property situated at Village Manor, Taluka Palghar, District Tha...

High Court

Bombay High Court Allows Revision of Examination Order in Civil Suit — Right to Begin Evidence Not Absolute. Order 18 Rule 1 CPC permits court to direct which party shall begin, but such order can be reconsidered if circumstances change or if earlier order was passed without hearing the other side.

1 Nov 2018

The petitioners, original defendant nos.1, 2, and 3 in Regular Civil Suit No.273/2013, challenged the order dated 15.10.2018 passed by the Civil Judge...

High Court

Karnataka High Court Allows Appeal in Partition Suit — Property Acquired by Father-in-Law Not Joint Family Property. Daughter-in-law cannot claim share in property purchased by father-in-law in name of son as it is not ancestral or joint family property under Hindu Succession Act, 1956.

7 Jun 2013

The case involves a Regular First Appeal filed by the second defendant against the judgment and decree of the trial court in a partition suit. The pla...

High Court

Bombay High Court Considers Chamber Summons by Judgment Debtor Challenging Execution of Foreign Award. Defendant Contends Hong Kong Labour Tribunal Award Not Executable as Hong Kong Not Reciprocating Territory and Tribunal Not Superior Court Under Section 44A of CPC.

3 Jul 2006

The matter arose from an execution application filed by Kevin George Vaz seeking to enforce an award dated 6th August 2004 passed by the Labour Tribun...

High Court

Bombay High Court Dismisses Petition by Aakash Educational Services Limited Challenging Arbitral Award — Court Upholds Arbitral Tribunal's Findings on Factual Issues and Contract Interpretation Under Section 34 of the Arbitration and Conciliation Act, 1996.

3 Nov 2025

The petitioner, Aakash Educational Services Limited, filed two writ petitions under Section 34 of the Arbitration and Conciliation Act, 1996 challengi...

High Court

Bombay High Court Dismisses Petition for Appointment of Receiver in Share Dispute Due to Lack of Urgency and Alternative Remedy. Court holds that civil suit for specific performance and injunction is maintainable and no case for appointment of receiver under Order 40 Rule 1 CPC is made out when possession is not threatened and legal remedy is available.

3 Nov 2025

The petitioner, Aakash Educational Services Limited, filed two writ petitions (WP-11425-2024 and WP-11426-2024) seeking appointment of a receiver unde...

High Court

Bombay High Court Allows Development Work in Specific Performance Suit Based on Oral Agreement — Interim Injunction Granted to Protect Plaintiff's Possession and Development Rights Pending Trial. The Court held that the Plaintiffs had made out a strong prima facie case for specific performance of an oral agreement for sale of an undivided share in immovable property, and the balance of convenience favoured granting interim relief to carry out development work.

11 Nov 2013

The Plaintiffs, Man Chandak Developers Pvt. Ltd., filed a suit for specific performance of an oral agreement entered into with late Shri Mangilal Gula...

High Court

Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

18 Jun 2024

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Injunction Order in Construction Dispute — Upholds Appellate Court's Restraint on Construction Within Setback Area. The court held that the balance of convenience favoured the respondents and the petitioners failed to show irreparable loss, as the construction would block light and air to the respondents' property.

3 Mar 2023

The petitioners, original defendant nos. 1(a) and 2 in Regular Civil Suit No.76/2009/C, challenged the judgment and order dated 11.05.2022 passed by t...

High Court

High Court of Karnataka Allows Appeal in Injunction Dispute Over Possession of Properties — Sets Aside Trial Court Order for Non-Compliance with Order XXXIX Rule 3 CPC. Failure to Record Reasons for Dispensing with Notice Renders Ex Parte Injunction Void.

21 Apr 2025

The appellant, Mr. Srinivas Adhikeshavulu Dalvai, was the defendant in a suit filed by M/s Anushka Constructions Pvt Ltd (the respondent/plaintiff) in...

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