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

High Court of Bombay Considers Interim Motions in Suit by Foreign Trustees for Recovery of Assets Allegedly Concealed in India. The Court Examines Whether Plaintiffs Have Made Out Prima Facie Case for Disclosure and Deposit Orders Based on US Bankruptcy Court Findings.

8 Dec 2005

The suit was filed by ITC Ltd., acting as trustees in bankruptcy of Suresh Chitalia, Devang Chitalia, EST Fibres Inc., and Lokman Establishment, to re...

High Court

Bombay High Court Dismisses Appeal Against Remand Order in Property Suit — Trial Court's Judgment Set Aside for Failure to Frame Issues and Consider Evidence. Lower Appellate Court's Remand Under Order 41 Rule 23 CPC Upheld as Proper Exercise of Power to Prevent Failure of Justice.

27 Oct 2010

The case involves a property dispute over land Survey No. 50 admeasuring 26 acres 4 gunthas situated at village Asadullabag. The original plaintiff, K...

High Court

Bombay High Court at Goa Allows Writ Petition Challenging Execution Order in Eviction Suit — Mundkar Claim Rejected, Adverse Possession Not Proven. The executing court erred in dismissing execution on the ground of adverse possession when the decree was valid and the issue was already decided.

27 Sep 2013

The petitioners, Miss Aura Serafina Crispina de Souza and Miss Agnes Felicia de Souza, are the original decree-holders who obtained an eviction decree...

High Court

High Court of Karnataka Allows Appeal in Partition Suit, Sets Aside Dismissal and Remands for Fresh Consideration. The Court held that the Trial Court erred in dismissing the suit on limitation without properly determining whether the plaintiffs were in joint possession, and remanded the case for fresh disposal under Order 41 Rule 23 CPC.

4 Jul 2013

The case involves a Regular First Appeal filed by the defendant No.1 against the judgment and decree dated 22.01.2009 in O.S.No.7552/1993 on the file ...

Supreme Court

Supreme Court Hears Reference on Interpretation of Section 9A CPC (Maharashtra Amendment) — Jurisdiction Includes Limitation. The court examines whether the expression 'jurisdiction of the Court to entertain such suit' under Section 9A includes the issue of limitation, doubting the correctness of Foreshore Cooperative Housing Society v. Praveen D. Desai.

4 Oct 2019

The Supreme Court considered a reference made by a Division Bench doubting the correctness of the decision in Foreshore Cooperative Housing Society Li...

High Court

Bombay High Court Upholds Specific Performance Decree in Flat Sale Dispute — Agreement to Sell Enforceable Despite Alleged Breach of Conditions. Court holds that time was not of essence in the agreement and that the purchaser was ready and willing to perform, directing execution of sale deed within two months.

12 Jun 2023

The case involves an appeal against a judgment and decree dated 07/08/2013 passed by the learned Judge, City Civil Court, Greater Bombay, in Regular C...

High Court

Bombay High Court Dismisses Second Appeal as Not Maintainable in Hindu Marriage Act Case — Only First Appeal Lies to High Court Under Section 28 of Hindu Marriage Act, 1955. Notification Under Section 3(b) Vesting Powers of District Judge in Civil Judge Does Not Confer Right of Second Appeal Under Section 100 CPC.

4 May 2005

The appellant, Anil Narayan Mhatre, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against a decree passed by the Civil...

High Court

High Court of Karnataka Allows Petition in Execution Proceedings — Attachment of Amount Deposited in Another Suit Not Permissible Without Proper Procedure Under Order 21 Rule 46 CPC. Decree holder cannot bypass execution procedure by seeking attachment of a sum deposited in a different suit under Section 151 CPC without following Order 21 Rule 46 CPC.

19 Jul 2024

The petitioner, Smt. Sarasamma C., filed a writ petition under Article 227 of the Constitution of India challenging the order dated 21.01.2023 passed ...

High Court

High Court of Karnataka Hears Regular Second Appeals in Partition Dispute. Appellants Challenge First Appellate Court's Reversal of Trial Court Decrees Under Section 100 of the Code of Civil Procedure, 1908.

10 Jul 2026

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High Court

High Court Reconsiders Validity of Appellate Side Rule on Marathi Translations After Earlier Division Bench Held It Unconstitutional. Larger Bench Examines Whether Litigants Were Heard Before Rule Declared Null and Void Under Article 348.

7 May 2010

The matter arose from a writ petition filed by a practicing advocate who was prevented by the High Court Registry from filing a petition without first...

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