Search Results for "declaratory"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "declaratory"

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High Court

High Court of Karnataka Allows Regular Second Appeal in Suit for Declaration and Injunction — Plaintiff Fails to Prove Title, Defendant's Adverse Possession Not Established. Court sets aside concurrent findings, holding that burden of proof on plaintiff to prove title was not discharged, and defendant's claim of adverse possession was not proved.

18 Dec 2025

The appellant, Yallappa, was the defendant in a suit for declaration and injunction filed by the respondent, Tangamma, in O.S. No. 19/2012 before the ...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

4 Apr 2025

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

Supreme Court

Supreme Court Allows Appeal in Land Title Dispute Against Government — Holds That Government Cannot Unilaterally Resume Land Without Following Due Process and Payment of Compensation. Court Restores Trial Court Decree Declaring Appellants' Title Based on Valid Sale Deed and Pattadar Passbook, Setting Aside High Court's Reversal.

24 Mar 2025

The case involves a dispute over 3.34 acres of land in Kurnool District, Andhra Pradesh. The appellants claimed title through a chain of transactions ...

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 Allows Petition Against Rejection of Order VII Rule 11 Application in Counter-Claim for Possession Based on Leave and License Agreement. The court held that the civil court lacks jurisdiction to entertain a counter-claim based on a leave and license agreement due to the bar under Section 47 of the Maharashtra Rent Control Act, 1999, and that valuation and court fees must be determined based on the relief claimed.

11 Nov 2024

The petitioner, original plaintiff, filed a suit for specific performance of contract against the respondent. The respondent filed a written statement...

Supreme Court

Supreme Court Allows Defendant's Appeal in Land Dispute and Quashes Permanent Injunction Granted to Plaintiff. Court held that when plaintiff fails to obtain declaration of title and suit for cancellation of sale deed is time-barred, permanent injunction to protect possession cannot be granted as it is a consequential relief and requires lawful possession under Specific Relief Act, 1963.

3 Mar 2022

The dispute involved agricultural land where the plaintiff's husband executed a registered sale deed in 1975 in favor of the defendant for the entire ...

High Court

Bombay High Court Allows Substitution of Legal Heirs in Pending Suit Despite Delay — Limitation Not Applicable to Abatement Set-Aside Application Under Order 22 Rule 9 CPC. The court held that Article 137 of the Limitation Act, 1963 does not govern applications under Order 22 Rule 9 CPC and that sufficient cause for delay must be liberally construed to advance substantial justice.

1 Jun 2021

The case arises from a civil suit for permanent injunction filed by the original plaintiff (since deceased) against the original defendant (since dece...

Supreme Court

Supreme Court Allows Appeal in Principal Qualification Dispute — Ph.D Not Mandatory Under AICTE Regulations. Court Holds That 2010 AICTE Regulations Provide Alternate Qualifications for Principal Post, and State Rules Providing for Appointment Without Ph.D Are Not Ultra Vires.

18 Feb 2020

The Supreme Court considered appeals against the High Court of Chhattisgarh's order quashing promotions of seven appellants to the post of Principal i...

High Court

High Court of Bombay examines Official Liquidator’s report for declaration of sub-lease executed by lessee as void. The matter involves sub-lease of company property during pendency of winding up, with allegations of fabricated documents.

5 May 2017

The matter concerns an Official Liquidator’s report filed in the winding up of Modi Stone Limited, seeking a declaration that a sub-lease dated 20 M...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case — Contract for Manufacture of Pharmaceutical Products Held to be Sale, Not Works Contract Under Section 194C of Income Tax Act, 1961. The court upheld the ITAT's decision that the agreement between the assessee and the manufacturer was a contract for sale of goods, as property passed only on delivery and the agreement was on a principal-to-principal basis.

12 Mar 2010

The appeal by the Revenue under Section 260A of the Income Tax Act, 1961 challenged the order of the Income Tax Appellate Tribunal (ITAT) which held t...

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