Search Results for "possession refusal"

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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...
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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "possession refusal"

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High Court

High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Appellants Failed to Prove Possession and Title. The Court upheld the trial court's finding that the suit was barred by limitation under Article 65 of the Limitation Act, 1963, as the appellants were not in possession within 12 years prior to the suit.

22 Jul 2019

The appellants, who are the legal heirs of one Anantha Ramaiah, filed a suit for permanent injunction against the respondents in respect of agricultur...

High Court

Bombay High Court Dismisses Petition Challenging Injunction Order in Property Dispute Between Brothers. Court upholds trial court's discretion in granting temporary injunction under Order 39 Rules 1 and 2 CPC, finding no perversity or jurisdictional error.

5 Jan 2018

The petitioners, original defendants in a civil suit, challenged the order dated 2nd May 2017 passed by the District Judge-2, Niphad, dismissing their...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Partnership Dispute — Court Upholds Award Holding That Partnership Was Dissolved by Consent and That Claims Were Barred by Limitation. The court affirmed the arbitrator's findings that the partnership was dissolved by mutual consent and that the claims were barred by limitation under the Limitation Act, 1963.

15 Jan 2018

The petitioners, nine individuals, filed a writ petition under Article 226 of the Constitution of India challenging an arbitral award dated 30/09/2016...

High Court

High Court Quashes Criminal Proceedings Against Accused in SC/ST Act Case Finding Abuse of Process by Complainant. Dispute Pertaining to Property Ownership and Possession Found to be Purely Civil in Nature, Not Criminal, Under Sections 465, 468, 471, 420, 506 IPC and Sections 3(1)(f)(p)(r)(s), 3(2)(va) of SC/ST Act.

28 Jul 2023

The petitioners, accused Nos. 2 and 3, sought quashing of criminal proceedings under Section 482 Cr.P.C. arising from Crime No.219/2018 for offences u...

High Court

High Court of Bombay at Goa Allows Appeal Against Rejection of Plaint in Property Dispute — Gift Deed Validity and Cause of Action Must Be Decided at Trial. The court held that allegations of nullity of gift deed and co-ownership disclose a cause of action, and plaint cannot be rejected under Order VII Rule 11(a) CPC at the threshold.

17 Jan 2024

The present appeal arises from an order dated 03/05/2023 passed by the learned trial court rejecting the plaint under Order VII Rule 11(a) of the Code...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Possession Dispute. Court Held That Findings of Fact by Trial Court on Prima Facie Case and Possession Cannot Be Interfered With Under Article 227 of the Constitution.

30 Mar 2016

The petitioners, Shivaram Narayan Gatkul and others, filed a writ petition under Article 227 of the Constitution of India before the Bombay High Court...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved and Suit Barred by Limitation. Plaintiff failed to prove execution of agreement and suit was filed beyond three years from notice of refusal under Article 54 of Limitation Act, 1963.

30 Nov -0001

The appellant, Sandeep Kashinath Parab, filed a suit for specific performance of an agreement to sell dated 15/06/1998 allegedly executed by the respo...

Supreme Court

Supreme Court Refers Satyawati Sharma to Larger Bench in Delhi Rent Control Eviction Case — Landlord's Bonafide Need for Non-Residential Premises Under Section 14(1)(e) of Delhi Rent Control Act, 1958

5 Aug 2019

The Supreme Court was hearing a batch of appeals arising from eviction petitions filed by landlords under Section 14(1)(e) of the Delhi Rent Control A...

High Court

Bombay High Court Upholds Will Validity in Succession Dispute — Reduces Bequest to Disposable Quota Under Portuguese Civil Code. Court holds that a testator cannot bequeath entire property to one heir if it prejudices the legitimate share of other heirs under the Portuguese Civil Code, 1867.

16 Jul 2012

The case involves a dispute over the estate of late Calverto Saldanha. The appellants, Mr. Rosario Xavier Arquibaldo Fernandes and Mrs. Anacleta Ferna...

High Court

Bombay High Court Allows Landlord's Petition Challenging City Civil Court's Jurisdiction in Landlord-Tenant Dispute Over Open Land. Exclusive Jurisdiction of Small Causes Court Under Section 41 of Presidency Small Cause Courts Act, 1882, Prevails Over Rent Control Act Applicability.

6 Jun 2006

The dispute originated from a declaratory suit filed by the First Respondent (tenant) against the Petitioner (landlord) in the Court of Small Causes a...

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