Search Results for "declaratory decree"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "declaratory decree"

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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 Dismisses Appeals in Specific Performance Case — Buyer's Readiness and Williness Established. Time Held Not of Essence Due to Seller's Conduct in Accepting Delayed Payments and Continuing Negotiations.

21 Nov 2024

The dispute arose from an agreement for sale of immovable property dated 20th January 2005 between the sellers (appellants in CA 3015/2013) and the bu...

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 Upholds Arbitral Award in Commercial Contract Dispute — Joint and Several Liability of Holding Company and Subsidiary Upheld. Division Bench's restoration of award under Section 37 of Arbitration and Conciliation Act, 1996 affirmed, rejecting challenge on grounds of patent illegality and public policy.

3 Sep 2024

The case arises from a dispute between OPG Power Generation Private Limited (OPG) and its holding company Gita Power and Infrastructure Private Limite...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Injunction Against Obstruction of Possession. The Court held that the first appellate court's concurrent findings of fact regarding possession and title cannot be interfered with under Section 100 of the Code of Civil Procedure, 1908, as no substantial question of law arose.

16 Apr 2024

The case involves a property dispute between the appellants (defendants) and the respondents (plaintiffs) over a shop named 'Sadhana Stores' and adjac...

High Court

Bombay High Court Allows Revision Applications in Property Dispute — Sets Aside Ex-Parte Decree for Non-Compliance with Order 8 Rule 1 CPC. Failure to File Written Statement Within 90 Days Leads to Striking Off Defence, But Court Finds No Justification for Ex-Parte Decree Without Considering Application for Setting Aside Abatement.

5 Jun 2023

The case involves two civil revision applications filed by the applicants (original defendants) against the respondents (original plaintiffs) challeng...

Supreme Court

Supreme Court Sets Aside High Court Order Returning Plaint in Civil Suit Over Immovable Property Jurisdiction. The Court Held That the Trial Court in Pune Had Territorial Jurisdiction Based on an Exclusive Jurisdiction Clause in the Agreement and That the Suit Primarily Sought Declaratory and Injunctive Reliefs for Contractual Breaches, Not Directly Concerning Immovable Property Under Order VII Rule 10 CPC, and Modified the Order to Set Aside the Rejection Under Order VII Rule 11 CPC Due to Contradiction.

2 Mar 2023

The appeals arose from a common order of the Bombay High Court allowing civil revision applications against orders of the 9th Joint Civil Judge, Senio...

Supreme Court

Supreme Court Allows Appeals in Court Fee Valuation Dispute: Circle Rate Not Conclusive for Market Value Under Section 7(iv-A) of Court Fees Act. The Court held that the market value for court fee purposes must be determined based on pleadings and evidence, not merely the circle rate fixed by the Collector.

19 Feb 2020

The appellant, Agra Diocesan Trust Association, filed two suits (O.S. 24/2013 and O.S. 25/2013) in the court of Civil Judge (Senior Division), Dehradu...

Supreme Court

Supreme Court Allows Appeals by Third-Party Purchasers Against Decree Affecting Their Possession: Leave to Appeal Granted as Sale Deed Holders Are 'Persons Aggrieved' Under Section 96 CPC. The Court held that the High Court erred in rejecting the application for leave to appeal, as the trial court's decree directly prejudiced the appellants' rights and interests.

1 Jan 2020

The case involves appeals by third-party purchasers (appellants) who purchased sites from the General Power of Attorney holders of the original owners...

High Court

High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

17 Jul 2013

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...

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