Search Results for "Sale Pending Suit"

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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 "Sale Pending Suit"

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High Court

Bombay High Court Dismisses Revision Against Refusal to Stay Suit on Ground of Res Judicata — Previous Suit Against Different Party Does Not Bar Subsequent Suit Against Different Defendants. Section 10 CPC Requires Same Parties for Stay; Inherent Powers Under Section 151 Cannot Be Used to Bypass Statutory Conditions.

5 Mar 2014

The present Civil Revision Application was filed by the applicants (defendants in Regular Civil Suit No.515 of 2007) against the order of the 8th Join...

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 Writ Petition Challenging Co-operative Bank's Auction Sale of Property for Recovery of Dues. Court holds that sale of property by a co-operative bank under the Maharashtra Co-operative Societies Act, 1960 is not a 'sale' under the Transfer of Property Act, 1882 and does not require registration.

23 Jun 2023

The petitioners, who were tenants/licensees of shop premises in a building owned by the respondent co-operative bank, challenged the auction sale of t...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Fact Not Disturbed. Court holds that a co-owner cannot claim adverse possession against another co-owner without clear ouster and that a second appeal under Section 100 CPC cannot be entertained on questions of fact.

21 Jul 2022

The appellant, Dattatraya Bajirao Kale, original defendant No.5, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against...

High Court

Bombay High Court Holds Landlord Not Necessary Party in Tenant's Suit Against Corporation for Demolition. The test for necessary party under Order I Rule 10 CPC is whether the suit outcome affects the legal interest of the landlord, which is not satisfied when the tenant seeks to restrain demolition of the tenanted premises.

14 Dec 2021

The judgment involves four writ petitions where the common question is whether the owner/landlord of the suit premises is a necessary or proper party ...

High Court

High Court of Karnataka Allows Revision Petition in Permanent Injunction Suit — Plaint Rejected as Barred by Law Under Order VII Rule 11(d) CPC. Non-Disclosure of Cause of Action and Prior Litigation Between Parties Led to Rejection of Plaint as Abuse of Process.

10 Aug 2021

The present case arises from a civil revision petition filed by the defendants (petitioners) against an order of the III Additional Civil Judge, Vijay...

High Court

Karnataka High Court Dismisses Appeal Against Decree of Specific Performance of Sale Agreement. Court holds that plaintiff's readiness and willingness to perform is established by evidence of payment of balance sale consideration and execution of sale deed within time.

25 Apr 2024

The present first appeal is filed by the defendant under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 30...

Supreme Court

Supreme Court Dismisses Appeals in Property Dispute Execution Case, Upholding High Court's Order Against Frivolous Litigation. The court affirmed the dismissal of writ petitions and appeals, highlighting abuse of procedural provisions under Order XXI Rule 97 of the Code of Civil Procedure, 1908, to delay execution of a decree for possession.

22 Apr 2021

The appeals arose from a common judgment of the Karnataka High Court dated 16th January 2020, which dismissed several writ petitions. The litigation c...

High Court

High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Not Applicable When Subsequent Suit Relates to Different Property. Decree Holders' Right to Possession Upheld as Judgment Debtor's Application for Stay Was Based on a Suit Involving Different Subject Matter, Constituting Abuse of Process.

18 Jan 2023

The petitioners (decree holders) obtained a decree for possession and mesne profits in O.S. No. 3/1971 (later renumbered O.S. No. 79/2003) against the...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Doctrine of Lis Pendens Applied to Protect Plaintiff's Rights Despite Concurrent Findings of Lower Courts. The Court held that an alienation made during the pendency of a suit is void against the decree-holder under Section 52 of the Transfer of Property Act, 1882, and that the First Appellate Court could not record a finding on fraud and collusion without cross-objections by the defendants under Order 41 Rule 22 CPC.

14 Oct 2024

The dispute arose from an agreement to sell dated 17.08.1990 executed by defendant no. 1 (Janraj Singh) in favour of the plaintiff (Daljit Singh) for ...

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