Search Results for "Continuous Occupation"

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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 Dismisses Corporate Debtor's Appeal Against Admission of Insolvenc...
Supreme Court Dismisses Corporate Debtor's Appeal Against NCLT Order Admitting I...

Search Results for "Continuous Occupation"

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High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit Due to Non-Compliance with Order 41 Rule 27 CPC and Lack of Evidence of Readiness and Willingness. Plaintiff failed to prove continuous readiness and willingness to perform contract for sale of land, and additional evidence sought was not allowed as it was not shown to be beyond appellant's control.

10 Apr 2024

The appeal arises from a suit for specific performance of an agreement to sell dated 15.05.1978 executed by the respondent-defendant in favor of the a...

High Court

Bombay High Court Allows Fishermen Cooperative's Petition Against Demolition of Fishermen Huts in Coastal Zone. Court Holds That Traditional Fishing Communities Have Customary Rights to Occupy Foreshore Land for Livelihood, Subject to Environmental Clearances Under CRZ Notification, 2011.

12 Aug 2021

The petitioner, Mariyayi Macchimaar Sahkari Sanstha Maryadit, a cooperative society of traditional fishermen, filed a writ petition challenging the pr...

Supreme Court

Supreme Court Allows Appeal in Property Dispute — High Court Erred in Reversing First Appellate Court's Refusal of Possession Without Framing Substantial Question of Law. Second Appeal Under Section 100 CPC Cannot Be Entertained Without Formulating a Substantial Question of Law.

27 Aug 2020

The case involves a property dispute between Nazir Mohamed (appellant) and J. Kamala (respondent) over a building and premises in Aduthurai, Tamil Nad...

High Court

Bombay High Court Partly Allows Appeal of Daily Wager in Illegal Retrenchment Case — Reinstatement Upheld but Back Wages Reduced to 50% Due to Lack of Evidence of Unemployment. The court held that while reinstatement is the normal rule for illegal retrenchment under Section 25F of the Industrial Disputes Act, 1947, full back wages require proof of unemployment.

24 Jan 2018

The appellant, Sadashiv Bhaurao Rashinkar, was a daily rated mazdoor employed by the Executive Engineer, Public Works Division, Sangamner (State Gover...

High Court

High Court of Karnataka Dismisses Appeal in Property Dispute — Upholds Trial Court's Decree for Declaration and Permanent Injunction. Plaintiff's Title Established Through Registered Sale Deed and Tax Records, Defendant's Adverse Possession Claim Fails for Lack of Evidence.

5 Mar 2015

The case involves a property dispute where the original plaintiff, L.C. Hanumanthappa (since deceased, represented by legal representatives), filed a ...

High Court

High Court of Karnataka Dismisses Appeal in Property Dispute — Upholds Trial Court's Decree for Declaration and Permanent Injunction. Plaintiff's Title Established Through Registered Sale Deed and Tax Records, Defendant's Adverse Possession Claim Fails for Lack of Evidence.

5 Mar 2015

The Regular First Appeal was filed by the defendant against the judgment and decree dated 16.4.2009 passed by the XV Additional City Civil Judge, Bang...

High Court

Bombay High Court Dismisses Petition for Right of Way in Property Dispute — No Easement by Necessity or Prescription Established. Plaintiffs failed to prove exclusive right of way over suit property as they had alternative access and no evidence of continuous, uninterrupted user for 20 years under Section 15 of the Indian Easements Act, 1882.

13 Dec 2013

The petitioners, Dasharath Bhaguji Jadhav and his sons, filed a writ petition under Article 227 of the Constitution of India challenging an order date...

High Court

Bombay High Court Dismisses Landlord's Revision in Eviction Case Based on Non-User — Tenant's Ill Health Constitutes Reasonable Cause Under Section 16(1)(n) of Maharashtra Rent Control Act, 1999. The court held that the landlord failed to prove that the tenant's non-user of the premises was without reasonable cause, as the tenant's explanation of suffering from paralysis and heart ailment was plausible and unrebutted.

27 Apr 2012

The case involves a Civil Revision Application filed by the landlord, Gopaldas Khushaldas Parmar, challenging the judgment and order dated 21st July 2...

High Court

Bombay High Court Dismisses Writ Petition Challenging Transfer Orders of MSEDCL Employees — Transfer Policy Upheld as Binding. Allegations of Mala Fides Not Entertained Without Impleading the Officer.

30 Nov -0001

The petitioners, employees of Maharashtra State Electricity Distribution Company Ltd. (MSEDCL), challenged their transfer orders issued by the company...

High Court

Bombay High Court Allows Second Appeals in Property Suit, Remands for Fresh Consideration on Issue of Possession and Limitation. The court held that the lower appellate court's findings on possession were perverse and not based on evidence, requiring a fresh adjudication on limitation and adverse possession under Article 65 of the Limitation Act, 1963.

30 Nov -0001

The case involves three second appeals arising from a suit for possession filed by Salvador Quadros (respondent/plaintiff) against Conceicao Quadros a...

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