Search Results for "Plaint averments"

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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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Search Results for "Plaint averments"

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High Court

Karnataka High Court Quashes Trial Court Order Directing Court Fee on Market Value in Partition Suit. Valuation Must Be Decided on Plaint Allegations, Not Cross-Examination Admissions, Under Sections 35(1) and 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

17 Jul 2026

The writ petition arose from a suit for partition and separate possession filed by the plaintiff (petitioner) against his brother and the legal heirs ...

High Court

Bombay High Court Dismisses Writ Petition Against Eviction Decree in Partnership Property Dispute. Concurrent findings of fact that defendants were licensees, not tenants, upheld under Article 227.

12 Aug 2011

The petitioners (original defendants) were a partnership firm occupying premises owned by the respondent (original plaintiff) partnership firm. Initia...

Supreme Court

Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

13 Jan 2023

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...

High Court

Bombay High Court Upholds Eviction Decree in Landlord-Tenant Dispute — Bona Fide Requirement of Landlord's Heirs Considered Despite Death of Original Plaintiff. The Court held that the Appellate Bench of Small Causes Court correctly reversed the Trial Court's dismissal and decreed eviction on ground of bona fide requirement, as the need of the landlord's family continued through his legal heirs.

25 Oct 2024

The case involves a landlord-tenant dispute over a shop premises in Mumbai. The original plaintiff, Shamrao Dinanath Bhatte, was the tenant of Shop No...

Supreme Court

Supreme Court Allows Appeal in Civil Suit for Recovery of Possession - Sets Aside Summary Judgment and Decree for Eviction. The Court held that the plaint did not disclose a valid cause of action as it was based on ambiguous lease expiry and future events, making summary judgment under Order XII Rule 6 of the Code of Civil Procedure, 1908 improper.

22 Sep 2022

The appeal arose from a civil suit for recovery of possession of a plot of land in Delhi. The appellant, Hindustan Petroleum Corporation Ltd., operate...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Time was of the essence in the agreement for sale dated 25.04.2007, and the plaintiff did not demonstrate continuous readiness and willingness to perform his part of the contract.

12 Sep 2019

The appeal arose from a suit for specific performance of an agreement for sale dated 25.04.2007 between the plaintiff (appellant) and the defendant (r...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Order 7 Rule 11(d) CPC Application in Suit for Specific Performance. Court Holds That Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

7 Sep 2023

The case involves a Civil Revision Application and a Writ Petition filed by M/s J.M. Baxi & Co. (the applicant/petitioner) challenging an order dated ...

High Court

Bombay High Court Dismisses Application to Set Aside Arrest of Foreign Vessel in Admiralty Suit — Plaintiffs' Claim for Supply of Bunkers and Stores Falls Within Admiralty Jurisdiction Under Section 4(1) of the Admiralty Act, 2017.

11 Feb 2014

The plaintiffs, Universal Marine and Ramanand Padiyar, filed an admiralty suit against the vessel M.T. Hartati (a Singapore-flagged vessel) and its ma...

High Court

High Court of Bombay Dismisses Revision by Indian Oil Corporation in Eviction Suit — Concurrent Findings of Tenancy Termination and Ownership Upheld. Lease of Open Land Not Protected Under Maharashtra Rent Control Act, 1999; Suit Maintainable Without Probate as Will Was Not Required to Be Proved in Eviction Proceedings.

17 Apr 2026

The case involves a civil revision application filed by Indian Oil Corporation Limited (IOCL) against the concurrent judgments of the Small Causes Cou...

High Court

High Court of Karnataka Allows Amendment of Plaint in Suit for Specific Performance — Petitioner Allowed to Incorporate Subsequent Events and Clarify Pleadings. The court held that amendments to pleadings should be liberally allowed to determine the real controversy, and the trial court erred in dismissing the application solely on the ground of delay without considering that the amendment sought to incorporate subsequent events and clarify existing pleadings.

2 Jun 2015

The petitioner, Dhanapal Appanna Phakire, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 26...

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