Search Results for "nonjoinder"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "nonjoinder"

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High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

10 Jan 2024

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

Supreme Court

Supreme Court Allows State's Appeal in Land Acquisition Suit, Restores Dismissal on Limitation Grounds. Suit for Declaration and Compensation Barred by Limitation Under Articles 58 and 72 of Limitation Act, 1963 as Cause of Action Arose in 1987 and Suit Filed in 2003.

24 Feb 2023

The dispute involved a suit filed by the plaintiff against the State of Himachal Pradesh and others seeking declaration, mandatory injunction, and com...

Supreme Court

Supreme Court Upholds High Court's Decision Allowing Rectification of GST Returns in Error Period. The Court affirmed that circulars restricting rectification of Form GSTR-3B to net basis adjustments are inconsistent with GST laws and that rectification must be permitted in the period of error occurrence under the Central Goods and Services Tax Act, 2017.

28 Oct 2021

The appeal arose from a judgment of the High Court of Delhi dated 05.05.2020 in W.P. (C) No. 6345 of 2018, which allowed a writ petition filed by Bhar...

Supreme Court

Supreme Court Dismisses Appeal in Partnership Dispute Over Share Entitlement. Plaintiffs Failed to Prove Capital Contribution of Rs.50,00,000 as per Partnership Deed Dated 30.10.1992, Thus Entitled Only to 10% Share in Profits and Losses Until Expulsion on 18.6.2004.

26 Oct 2021

The dispute originated from a partnership firm, M/s Selwel Combines, reconstituted in 1992 with plaintiff No.1 inducted as a partner under a deed stip...

Supreme Court

Supreme Court Allows Appeal in Injunction Suit, Restores Remand Order for Proper Identification of Property and Opportunity to Defendant. The Court held that when the defendant disputes title and the trial court frames issues on ownership, the appellate court can remand for fresh consideration, and the High Court's interference was not justified.

4 Mar 2020

The Supreme Court allowed the appeal filed by the defendant, Jose, against the judgment of the Kerala High Court which had restored the trial court's ...

Supreme Court

Supreme Court Allows Appeals in Urban Land Ceiling Case — Upholds Vesting of Land in State and Rejects Ownership Claim. The Court held that the plaintiffs failed to prove their title and that the suit was barred by res judicata and limitation.

26 Feb 2019

The case involves a dispute over land bearing No.73, Canal Circular Road, Calcutta, which was part of a larger parcel of land. The plaintiffs, claimin...

High Court

Bombay High Court Dismisses Second Appeal in Co-owner Possession Suit — Maintainability Upheld Despite Non-joinder of Other Co-owners. Gift Deed of 1930 Presumed Valid Under Section 90 of Indian Evidence Act, 1872 as 30-Year-Old Document.

10 Jan 2011

The case involves a second appeal arising from a suit for possession filed by the respondent (original plaintiff) against the appellants (defendants) ...

High Court

Bombay High Court Dismisses Appeal by Truck Owner in Motor Accident Claim — Contributory Negligence of Both Drivers Upheld. Injured passenger awarded Rs.1,35,000/- for amputation of both legs; owner's insurer absolved due to breach of policy conditions.

8 Jul 2010

The appellant, Sikhandar Khan Rashid Khan, owned a truck (MWA 5169) that was involved in a collision with another truck (MWU 7175) on 26 April 1988 on...

High Court

Bombay High Court Dismisses Petitions Challenging School Tribunal Orders in Seniority and Appointment Dispute. Court Holds That Appointment of Head Mistress Was Valid and Seniority Must Be Determined by Education Inspector.

7 Jun 2010

The judgment involves two writ petitions. Writ Petition No. 683 of 2002 was filed by Mrs. Pushpa Surendra Dhaktode challenging the School Tribunal's o...

High Court

Bombay High Court Allows Writ Petition Challenging Penalty Under Customs Act for Import of Rough Diamonds — Cites Violation of Principles of Natural Justice and Lack of Evidence of Misdeclaration. The court held that the show cause notice was vague and the department failed to prove mens rea for penalty under Section 112(a) of the Customs Act, 1962.

9 Mar 2010

The petitioners, M/s SU.Jewels Exim Pvt. Ltd. and its director, imported rough and uncut diamonds from Dubai during April-May 2003. The diamonds were ...

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