Search Results for "declaration decree"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "declaration decree"

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High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Temple Land, Remands for Fresh Consideration of Adverse Possession and Limitation Issues. The court set aside the first appellate court's decree and restored the trial court's dismissal of the suit, finding that the plaintiffs failed to prove title and possession within limitation.

28 Nov 2023

The present second appeal arises from a property dispute concerning a temple and adjacent land in Burhanagar, Ahmednagar. The original plaintiffs (res...

High Court

Bombay High Court Allows Second Appeals in Property Dispute — Sale Deeds by Coparcener Without Legal Necessity Set Aside. Court holds that a coparcener cannot alienate joint family property without legal necessity or benefit to the estate, and that the burden of proof lies on the alienee to show necessity.

11 Nov 2013

The case involves two second appeals arising from Regular Civil Suit No. 232 of 1983 and Regular Civil Suit No. 74 of 1986, both filed by the appellan...

High Court

Bombay High Court Allows Petition Challenging Cancellation of Earthquake Affected Person Certificate — Tahsildar Cannot Review Civil Court Decree. Circular Issued by Collector Cannot Override Hindu Adoption and Maintenance Act, 1956.

9 Jul 2024

The petitioner, originally the biological son of Shankar Ramu Pawar, was given in adoption to Lalu Shivram Jadhav and his wife on 18.04.2022 through a...

High Court

Bombay High Court Dismisses Wife's Appeal Against Interim Orders Passed During Pendency of Marriage Petition Due to Delay and Lack of Challenge Before Dismissal of Main Petition. The court held that an appeal against interim orders passed during the pendency of a marriage petition under Section 9 of the Hindu Marriage Act, 1955, is not maintainable after the main petition has been dismissed and the appellant did not challenge the interim orders at any earlier stage.

7 Apr 2021

The appellant-wife, Dr. Sarika Akshay Ranade, filed a Family Court Appeal against orders passed by the Family Court No.5, Pune, on various application...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Declaration of Ownership — Rejection of Plaint Application Under Order VII Rule 11 CPC Properly Refused as Plaint Discloses Cause of Action. The trial court's refusal to reject the plaint was upheld because the plaint disclosed a cause of action and issues of limitation and valuation were mixed questions of fact and law.

4 Jun 2015

The petitioners, who were the defendants in the trial court, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (C...

Supreme Court

Supreme Court Dismisses Appeal by Purchaser Against High Court Decision That Compromise Decree Does Not Bind Coparceners. Property Reacquired by Coparceners Through Court Decree Retains Joint Family Character, Requiring Consent of All Coparceners for Valid Compromise Under Hindu Law.

1 Jul 2019

The Supreme Court dismissed an appeal against the High Court's judgment which declared that a compromise decree dated 25 March 1976, entered into betw...

High Court

High Court of Judicature at Bombay Examines Writ Petition Against Lok Adalat Award Allegedly Procured by Fraud. The Court considered whether an award based on a compromise pursis can be challenged on the ground of fraud under Article 226 of the Constitution, despite the availability of an alternative civil remedy.

9 Jun 2025

The petitioner, Sushila Devidas Ghorpade, a 75-year-old widow and owner of agricultural land in Solapur, filed a writ petition seeking to quash an Awa...

High Court

High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

19 Sep 2016

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

High Court

Bombay High Court Hears Preliminary Issue on Jurisdiction Over Originating Summons in Lease Dispute Where Defendant Has Filed Separate Eviction Suit. The Court Examines Whether the Filing of a Suit Under Section 41 of the Presidency Small Cause Courts Act, 1882, After the Originating Summons Ousts the High Court's Jurisdiction.

29 Apr 2014

This case involved a dispute between Century Textiles and Industries Ltd. (plaintiff) and Nusli Neville Wadia (defendant) arising out of a 999-year le...

Supreme Court

Supreme Court Reverses High Court's Decision in Property Title Dispute Due to Lack of Evidence on Power of Attorney. Concurrent Findings of Lower Courts Restored as Plaintiffs Failed to Prove Title and Compliance with Registration Act for Foreign-Executed Document.

13 Jan 2023

The dispute originated from a civil suit filed by the original plaintiffs seeking declaration of title and recovery of possession over a property, all...

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