Search Results for "injunction simplicitor"

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Bombay High Court Allows Petition Challenging Civil Court Jurisdiction Over Wakf Property Injunction Suit. Wakf Tribunal Has Exclusive Jurisdiction Under Section 85 of Wakf Act, 1995.

The petitioner, original defendant in Regular Civil Suit No.34/2016, challenged the order of the Trial Court dated 11.06.2018 which held that the suit...

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Bombay High Court Dismisses Appeal Against Rejection of Section 9 Petition Seeking Injunction on Bank Guarantee Invocation. Performance Bank Guarantee Invocation Upheld as No Fraud or Irretrievable Injustice Established Under Contract Clause 4.2.

The appellant, Tata Projects Limited, was awarded a turnkey contract by respondent No.1, Hazel International FZE, for constructing a Chemical Storage ...

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Bombay High Court Dismisses Second Appeal in Permanent Injunction Suit — Road Held to Be Public Right of Way Based on Long User and Acquiescence. Court affirms concurrent findings that plaintiff purchased land subject to existing public road and failed to prove exclusive possession.

The appellant, original plaintiff Baburao Ganpati Mali (since deceased, represented by legal heir Vishwanath Baburao Mali), filed Regular Civil Suit N...

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Bombay High Court Dismisses Appeal in Property Dispute Against Municipal Corporation — Suit Barred by Limitation and Res Judicata. Claim for Declaration of Ownership and Injunction Fails as Plaintiff Failed to Prove Title and Suit Was Filed Beyond Limitation Period Under Limitation Act, 1963.

The appeal arises from a suit filed in 1979 by the original plaintiff, Motilal Mahadev Sharma, against the Municipal Corporation of Greater Bombay see...

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Bombay High Court Allows Second Appeal in Injunction Suit, Holds Non-Joinder of Heirs Not Fatal. Suit for Permanent Injunction Based on Possession Under Will Does Not Require Joinder of All Heirs or Proof of Will.

The appellant, original plaintiff, filed Regular Civil Suit No. 172 of 1994 seeking a permanent injunction restraining the defendants from disturbing ...

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Bombay High Court Dismisses Second Appeal in Land Title Dispute — Mutation Entries Not Conclusive Proof of Title. Revenue authorities' decisions in mutation proceedings do not determine title; civil court must decide based on evidence.

The appellants (original plaintiffs) filed a second appeal against the judgment and decree dated 7th November 1990 passed by the learned Additional Di...

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Bombay High Court Allows Second Appeal in Property Dispute Between Brothers, Remands Case for Fresh Consideration of Counterclaim. Court holds that a counterclaim for possession cannot be decreed without proper valuation and payment of court fees under the Bombay Court Fees Act, 1959.

The appellant, original plaintiff Gujabrao, filed Special Civil Suit No.90/1993 for a permanent injunction against his brother Punjabrao (defendant No...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Brothers — Upholds Concurrent Findings on Ownership and Possession. Suit for Permanent Injunction Dismissed as Plaintiff Failed to Prove Title; Counterclaim for Possession Allowed Based on Prior Partition and Mutation Entries.

The appellant, Gujabrao Chavhan, filed a second appeal against the judgment of the District Court, Yavatmal, which dismissed his appeal and confirmed ...