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...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
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 Allows Revision Application in Rent Control Case — Eviction Set Aside Due to Invalid Notice Under Section 12(3)(a) of the Bombay Rents Act. Notice demanding arrears of rent must give 15 clear days as per Section 106 of Transfer of Property Act, and service on 30th April demanding payment by 15th May does not comply.

30 Nov -0001

The case involves a civil revision application filed by the original defendant No.1, Anil Gangekar, against the judgment and decree of eviction passed...

High Court

Karnataka High Court Dismisses Appeal in Partition Suit — Appellant Fails to Prove Self-Acquired Property. Joint Family Property Presumed Where Common Funds Used and Possession Shared.

27 Nov 2014

The case involves a partition suit filed by the respondents (plaintiffs) against the appellant (defendant) seeking partition and separate possession o...

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 Dismisses Second Appeal in Possession Suit, Confirms Concurrent Findings on Limitation and Valuation. Article 65 of Limitation Act, 1963 applies to suit for possession based on title, and valuation under Section 14(1) of Maharashtra Court Fees Act, 1959 is not a jurisdictional issue.

15 Dec 2016

The appellant, original defendant, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgments ...

High Court

High Court of Karnataka Allows Regular Second Appeal in Suit for Declaration and Injunction — Plaintiff Fails to Prove Title, Defendant's Adverse Possession Not Established. Court sets aside concurrent findings, holding that burden of proof on plaintiff to prove title was not discharged, and defendant's claim of adverse possession was not proved.

18 Dec 2025

The appellant, Yallappa, was the defendant in a suit for declaration and injunction filed by the respondent, Tangamma, in O.S. No. 19/2012 before the ...

High Court

Karnataka High Court Hears Regular First Appeal Against Trial Court Decree Declaring Plaintiff as Absolute Owner and Ordering Delivery of Possession. Deemed University's Land Acquisition and Possession Dispute Involving Application of Land Acquisition Act, Karnataka Societies Registration Act, 1960, and Section 96 of CPC.

6 Jun 2016

The appeal arose from a suit filed by the National Institute of Mental Health and Neuro Sciences (NIMHANS), a deemed university and society registered...

High Court

Madras High Court Dismisses Appeal for Specific Performance of Sale Agreement — Plaintiff Fails to Prove Readiness and Willingness. Time was not of essence but plaintiff's conduct showed lack of continuous readiness, disentitling him to discretionary relief under Section 16(c) of the Specific Relief Act, 1963.

12 Feb 2026

The appellant/plaintiff filed a suit for specific performance of a sale agreement dated 09.03.2006 for 51 cents of land at Rs.25,000 per cent. He paid...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit. Prior adoption and registration of the mark 'KALPA-TARU' by the plaintiffs since 1977 and 2003, and the defendant's subsequent incorporation with a similar name in the same line of business, established a prima facie case for infringement under the Trade Marks Act, 1999.

29 Jul 2011

The plaintiffs, Kalpataru Properties Private Limited and Property Solutions (India) Private Limited, filed a suit seeking a permanent injunction again...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that the second appellate court cannot re-appreciate evidence unless there is a perverse finding or substantial question of law under Section 100 of CPC.

16 Feb 2024

The appellant, who was the defendant in the original suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging t...

High Court

High Court of Karnataka Allows Partition Appeal in Hindu Succession Act Case — Daughter Entitled to Equal Share in Joint Family Property. Daughter's right to partition of ancestral property upheld under Section 6 of Hindu Succession Act, 1956, as amended in 2005, despite father's death during pendency of suit.

16 Jun 2026

The appellant, Smt. Usha N Swamy, filed a Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, again...

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