Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

High Court of Karnataka Partly Allows Partition Appeal in Family Property Dispute — Upholds Trial Court's Decree for Partition of Joint Family Properties Except for Certain Items. The court held that the presumption of jointness in a Hindu family continues until rebutted, and the appellants failed to prove that the properties were self-acquired.

21 Jul 2015

The case involves a partition suit filed by the respondents (daughters and mother) against the appellants (sons) seeking partition of joint family pro...

High Court

Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate.

7 Aug 2015

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma,...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Challenging Tenancy Proceedings, Remands for Trial on Limitation and Jurisdiction. Plaint Rejection Under Order VII Rule 11(d) CPC Set Aside as Limitation and Civil Court Bar Under Section 85 of Maharashtra Tenancy and Agricultural Lands Act, 1948 Are Triable Issues Requiring Evidence.

17 Sep 2021

The dispute originated from a civil suit filed in 1987 by 13 plaintiffs claiming to be legal representatives of Haji Ali Mohammed Hajee Kassam Agboatw...

High Court

Bombay High Court Dismisses Suits for Possession of Flats Filed by Co-operative Society Against Members for Want of Jurisdiction. Dispute Between Society and Member Relating to Tenancy Falls Within Exclusive Jurisdiction of Co-operative Court Under Section 91 of Maharashtra Co-operative Societies Act, 1960.

28 Oct 2010

The plaintiff, Sweet Home Co-operative Housing Society Ltd., filed two suits (Suit No. 2354 of 2003 and Suit No. 2355 of 2003) in the Bombay High Cour...

High Court

Bombay High Court Allows Amendment of Plaint in Suit for Specific Performance and Injunction - Amendment Sought to Include Claim for Damages and Additional Reliefs. The court permitted the plaintiffs to amend the plaint under Order 6 Rule 17 CPC, holding that the amendment did not introduce a new cause of action and was necessary for the complete adjudication of the dispute.

17 Feb 2005

The present chamber summons was filed by the plaintiffs under Order 6 Rule 17 of the Code of Civil Procedure, 1908, seeking amendment of the plaint in...

High Court

Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

6 May 2014

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Concurrent Findings for Failure to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963. The court held that mere production of a cheque during evidence without other proof does not satisfy the requirement of readiness and willingness, and a plaintiff claiming additional payment beyond the agreement must prove it.

30 Sep 2022

The case involves a second appeal arising from a suit for specific performance of an agreement to sell. The appellant, original defendant no.1, challe...

High Court

Bombay High Court Allows Municipal Corporation's Appeals in Encroachment Dispute, Holding Civil Court Lacks Jurisdiction. Shopkeepers' Suits for Declaration of Title and Injunction Dismissed as Property Vested in Corporation Under Bombay Municipal Corporation Act, 1888.

30 Nov -0001

The Municipal Corporation of Greater Mumbai and its Assistant Municipal Commissioner filed appeals against an interim order passed by the City Civil C...

High Court

Bombay High Court Allows Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings Set Aside for Perversity. The Court held that the lower appellate court failed to consider material evidence and the issue of adverse possession, leading to a miscarriage of justice under Section 100 of the Code of Civil Procedure, 1908.

29 Nov 2016

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of agricultural land bearing Gat No...

High Court

Bombay High Court Dismisses Revision Against City Civil Court's Jurisdiction in Property Suit — Preliminary Issue on Jurisdiction Decided Against Applicant. Court holds that City Civil Court has jurisdiction to try suit for specific performance and injunction where property value exceeds its pecuniary limits but suit was transferred from High Court under Section 15 of Bombay City Civil Court Act, 1948.

21 Jan 2015

The case involves a Civil Revision Application filed by the original defendant (applicant) against an order dated 19th May 2014 passed by the learned ...

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