Search Results for "appeal abatement"

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High Court

Bombay High Court Allows Writ Petition Challenging ULC Act Proceedings — Proceedings Deemed Abated Under Repeal Act Due to Non-Completion of Vesting. Landowners' Successors Entitled to Benefit of Section 3 of ULC Repeal Act, 1999 as Physical Possession Not Taken.

27 Apr 2026

The petitioners, Zainulabedin Abdul Razzak Kokni and others, filed a writ petition before the Bombay High Court challenging proceedings under the Urba...

Supreme Court

Supreme Court Allows State Appeal in Confiscation Case Under Bihar Special Courts Act, 2009, Reinstating Confiscation of Assets Despite Death of Accused Public Servant. Confiscation Proceedings Are Independent of Criminal Trial and Do Not Abate Upon Death, as Property Acquired Illegally Remains Subject to Confiscation Under Sections 13-15 of the Bihar Special Courts Act, 2009.

20 Mar 2026

The appeal arose from a judgment of the High Court which set aside confiscation proceedings against the respondent, following the death of her husband...

High Court

Bombay High Court Upholds Tenancy Rights of Legal Heirs Under Section 40 of Bombay Tenancy and Agricultural Lands Act, 1948 — MRT Order Restored. The court held that the legal heirs of a deceased tenant are entitled to be declared as tenants under Section 40 of the Bombay Tenancy and Agricultural Lands Act, 1948, and that the MRT's finding of tenancy was based on evidence of cultivation and payment of rent.

5 Jun 2023

The petitioners, who are the legal heirs of the original tenant Namdev Jadhav, challenged the order of the Maharashtra Revenue Tribunal (MRT) dated 9t...

High Court

Bombay High Court Dismisses Second Appeals in Charity Trust Dispute Due to Abatement and Lack of Substantial Question of Law. The appeals against orders dismissing MJCs as abated were dismissed as no substantial question of law arose and the appellant failed to bring legal representatives on record within limitation.

21 Feb 2023

The appellant, Dr. Kiran Ajaykumar Agrawal, filed two second appeals (SA 471/2008 and SA 473/2008) in the Bombay High Court, Nagpur Bench, challenging...

Supreme Court

Supreme Court Partially Allows State Appeal Against NGT Order on PUC Certificates — Holds That NGT Cannot Direct Fuel Bans or Impose Monetary Deposits for Compliance. The Court ruled that the NGT exceeded its jurisdiction under the National Green Tribunal Act, 2010, by directing fuel supply denial and imposing a Rs. 25 crore deposit, as such powers are not conferred by the Act.

28 Aug 2020

The State of Madhya Pradesh appealed against an order of the National Green Tribunal (NGT) Central Zonal Bench, Bhopal, dated 21 April 2015, which dir...

High Court

High Court of Bombay at Goa Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. The court upheld the trial and appellate courts' decisions that the plaintiffs were co-owners of the suit property and that the sale deed executed by the defendants was void for lack of consideration and non-compliance with legal requirements.

3 Mar 2020

The case involves a second appeal filed by the appellants (defendants 15 and 16 in the original suit) against the judgment and decree of the first app...

High Court

Bombay High Court Dismisses Application to Continue Suit for Declaration as Dai Al-Mutlaq After Plaintiff's Death — Suit for Personal Status Abates Under Order 22 Rule 1 CPC. The court held that a suit for declaration of personal status is not heritable and cannot be continued by a legal representative claiming a derivative title.

7 Mar 2017

The original plaintiff, Khuzemabhai, filed a suit seeking a declaration that he was validly appointed as the 53rd Dai Al-Mutlaq (spiritual leader) of ...

High Court

Bombay High Court Allows Condonation of Delay in Bringing Heirs on Record in Property Suit Appeal — Emphasizes Liberal Approach Under Order 22 Rule 10A CPC. The court set aside the rejection of a composite application for condonation of delay and bringing legal representatives, holding that a separate application to set aside abatement is not necessary.

23 Aug 2012

The petitioners, original appellants in Regular Civil Appeal No.524 of 1996, filed a writ petition challenging the order dated 9/12/2010 passed by the...

High Court

High Court of Bombay Upholds Compensation in Motor Accident Claim — Insurance Company's Appeal Dismissed, Claimant's Cross-Appeal Partly Allowed. Multiplier of 13 applied for deceased aged 41 years; dependency income assessed at Rs.2,000 per month; no deduction for personal expenses as claimant is widow.

25 Apr 2011

The case arises from a motor vehicle accident on 5th May 1993 at J.P. Road, Andheri, where Harish Pasu Bolar, a 41-year-old tailor, was hit by a vehic...

High Court

Bombay High Court Dismisses Second Appeal as Not Maintainable Against Order of Abatement of Suit. Order dismissing substitution application and holding suit abated is not a 'decree' under Section 2(2) CPC, hence no second appeal lies under Section 100 CPC.

24 Nov 2005

The appellant, plaintiff no.1, filed a second appeal against an order of the Additional District Judge which affirmed the trial court's order dismissi...

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