Search Results for "going behind decree"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "going behind decree"

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High Court

Bombay High Court Upholds Eviction Decree in Landlord-Tenant Dispute — Bona Fide Requirement of Landlord's Heirs Considered Despite Death of Original Plaintiff. The Court held that the Appellate Bench of Small Causes Court correctly reversed the Trial Court's dismissal and decreed eviction on ground of bona fide requirement, as the need of the landlord's family continued through his legal heirs.

25 Oct 2024

The case involves a landlord-tenant dispute over a shop premises in Mumbai. The original plaintiff, Shamrao Dinanath Bhatte, was the tenant of Shop No...

High Court

Bombay High Court Upholds Eviction of Tenant for Unauthorised Permanent Construction Under Maharashtra Rent Control Act. Tenant's temporary structure argument rejected as Appellate Court found MS angles, asbestos sheets, and polythene roof constituted permanent construction causing danger to building.

21 Oct 2024

The case involves a dispute between the respondent-landlord, Kadambagiri Estates Pvt. Ltd., and the petitioner-tenant, Mrs. Binaifer Batiwala, over ev...

High Court

Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Decree for Rent Default. Tenant Failed to Pay Rent for Over a Decade, No Dispute as to Standard Rent or Permitted Increases, Case Falls Under Section 12(3)(a) of Bombay Rent Act.

24 Sep 2024

The dispute pertains to a suit for eviction filed by the landlady, Mrs. Kusum Pandurang Keni, against the tenant, Sudhir Kumar Sengupta (since decease...

Supreme Court

Supreme Court Hears Reference on Interpretation of Section 9A CPC (Maharashtra Amendment) — Jurisdiction Includes Limitation. The court examines whether the expression 'jurisdiction of the Court to entertain such suit' under Section 9A includes the issue of limitation, doubting the correctness of Foreshore Cooperative Housing Society v. Praveen D. Desai.

4 Oct 2019

The Supreme Court considered a reference made by a Division Bench doubting the correctness of the decision in Foreshore Cooperative Housing Society Li...

High Court

Bombay High Court Allows Writ Petition in Specific Performance Suit — Ex-parte Decree Restored Due to Valid Service of Summons. Service by affixture at last known address under Order 5 Rule 20 CPC held valid despite bailiff's report of 'left premises'.

7 Aug 2018

The petitioners, original plaintiffs, filed a suit for specific performance against the respondent/defendant based on an agreement dated 4th April 199...

High Court

Bombay High Court Dismisses Revision Against Execution of Cooperative Court Decree for Allotment of Plot. Executing Court Cannot Go Behind Decree; Objection Regarding Non-Existence of Plot Not Entertained as Decree Had Attained Finality.

1 Sep 2017

The case arises from a dispute between a member (respondent) and a cooperative housing society (applicant) regarding allotment of plots. In 1991, the ...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Probate Schedule by Prothonotary. Prothonotary has power to allow amendment of schedule of assets in probate proceedings under Section 317 of Indian Succession Act, 1925.

11 Oct 2013

The petitioners, Mukesh Ramanlal Gokal and Bharat Ramanlal Gokal, filed a petition under the Testamentary and Intestate Jurisdiction of the Bombay Hig...

High Court

Bombay High Court Allows Landlord's Eviction Petition in Rent Control Case — Tenant's Use of Residential Premises for Creche Constitutes Change of User and Nuisance. Running a creche in a residential tenancy amounts to change of user and nuisance, justifying eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

10 May 2013

The original plaintiff, Smt. Sudha Sumant Barve (since deceased, represented by legal heirs), owned the ground and first floor of Shrikrupa Building i...

High Court

Bombay High Court Allows Third Party Impleadment in Property Appeal — Applicants Claiming Adverse Possession Must Be Heard. Order 1 Rule 10 CPC invoked to join parties with independent title claims to ensure complete adjudication.

7 Aug 2012

The present application was filed by two applicants, Khalil Haji Bholumiya Salar and Bilkis Mehboobsaheb Mujawar, seeking impleadment in First Appeal ...

High Court

Bombay High Court Dismisses Civil Revision Application in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Court held that revisional jurisdiction is limited to jurisdictional errors and cannot be used to re-appreciate evidence or correct erroneous findings of fact.

30 Nov -0001

The case involves a civil revision application filed by Madhav Sheshadri Kulkarni against the dismissal of his suit for declaration and injunction. Th...

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