Search Results for "specific pleading"

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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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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "specific pleading"

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High Court

Gujarat High Court Allows Appeal in Specific Performance Suit, Sets Aside Decree for Non-Compliance with Section 16(c) of Specific Relief Act, 1963. Plaintiff Failed to Prove Readiness and Willingness to Pay Balance Consideration, Rendering Specific Performance Unwarranted.

25 Feb 2026

The case involves a First Appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the original defendant No. 2 (appellant) challenging ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Amendment of Plaint in Civil Suit; Upholds Trial Court's Discretion Under Order VI Rule 17 CPC. Proviso to Order VI Rule 17 CPC Regarding Commencement of Trial Is Inapplicable to Suits Filed Before Its Insertion, and Amendment Did Not Alter Nature of Suit or Introduce a Time-Barred Claim.

15 Jan 2018

The dispute originated from a suit filed in 2000 by the respondents (original plaintiffs) against the petitioners (original defendants) seeking declar...

High Court

Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

16 Sep 2015

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

High Court

Bombay High Court Upholds Validity of Maharashtra Revenue Services (Recruitment) Rules, 2020 and Directs Finalization of Seniority Lists for Deputy Collectors — Seniority to be Determined by Date of Continuous Officiation, Not by Date of Regular Promotion.

8 Aug 2024

The judgment pertains to a batch of writ petitions filed by Deputy Collectors and the State of Maharashtra concerning the determination of seniority o...

High Court

High Court of Karnataka Dismisses Civil Revision Petition Challenging Rejection of Plaint Rejection Application in Suit for Declaration and Injunction Regarding Public Property. Order 7 Rule 11 CPC Application Rejected as Plaint Disclosed Cause of Action and Was Not Barred by Law.

20 Mar 2025

The petitioners-defendants filed a civil revision petition under Section 115 CPC challenging the order dated 29.09.2023 passed by the Senior Civil Jud...

High Court

Bombay High Court Dismisses Appeal Against Decree for Want of Written Statement in Specific Performance Suit. Failure to File Written Statement Despite Repeated Opportunities Justifies Decree Under Order 8 Rule 5(2) and Rule 10 CPC.

16 Aug 2012

The case arises from a suit filed by the respondent (original plaintiff) against the appellants (original defendants) seeking specific performance of ...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Trial Court Decree Based on Part Performance and Possession. Agreement of Sale Dated 1971 and 1972 Enforced as Plaintiffs Proved Readiness and Willingness and Were Put in Possession Under Section 53A of Transfer of Property Act, 1882.

14 Oct 2014

The appellants, original plaintiffs, filed a suit for specific performance of an agreement of sale dated 23rd July 1971 (Exh. 29) and another agreemen...

High Court

Bombay High Court Dismisses Second Appeals in Property Dispute — Concurrent Findings of Fact Upheld. No substantial question of law arose as the appellant failed to prove title and possession over suit land.

30 Nov -0001

The appellant, Bajirao Ramchandra Shelar, filed two second appeals (Second Appeal No.494 of 1990 and Second Appeal No.495 of 1990) against the judgmen...

High Court

High Court of Judicature at Bombay Hears Second Appeal on Section 53A Transfer of Property Act in Agricultural Land Possession Suit. Question Raised Whether Defendants Can Claim Protection of Part Performance Without Specific Pleading Despite Past Agreement.

15 Feb 2019

In a dispute over agricultural land, the original plaintiff, claiming as legal heir of her father, filed a suit for possession and mesne profits again...

High Court

Bombay High Court Dismisses Second Appeal in Agricultural Land Possession Suit; Rejects Claim of Part-Performance Under Section 53A of Transfer of Property Act, 1882. Defendants' Possession Deemed Not Protected as They Failed to Prove Written Contract, Payment of Consideration, and Readiness to Perform as Required by Section 53A.

15 Feb 2019

The dispute pertained to agricultural land originally owned by one Gangaram, father of the plaintiff Saraswatibai. After Gangaram's death, the plainti...

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