Search Results for "plaintiff's valuation"

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Search Results for "plaintiff's valuation"

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High Court

Madras High Court Allows Appeal in Specific Performance Suit — Agreement for Sale Found Not Genuine Due to Discrepancies in Execution and Valuation. Court sets aside decree for specific performance and refund of advance, holding that plaintiff failed to prove readiness and willingness and that the agreement was vitiated by suspicious circumstances.

5 Mar 2026

The appellant/defendant, Mohamed Haja Moideen, appealed against the judgment and decree dated August 13, 2018 passed by the District Court, Karaikal i...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.

29 Apr 2025

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....

Supreme Court

Supreme Court Upholds Rejection of Plaint in Civil Suit Due to Failure to Seek Necessary Declarations Under Specific Relief Act. The suit was barred under Section 34 of the Specific Relief Act, 1963, as the plaintiff admitted executing sale deeds as security but did not seek declarations regarding their validity, leading to rejection under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908, with no amendment permitted after rejection.

20 Jul 2021

The dispute originated from a suit filed by the plaintiff (appellant) against multiple defendants (respondents) concerning property transactions and a...

Supreme Court

Supreme Court Dismisses Lessee's Claim for Damages in Wild Life Sanctuary Case — No Right to Compensation Without Acquisition. Notification Under Section 18 of Wild Life (Protection) Act, 1972 Does Not Confer Right to Damages for Loss of Use.

20 Aug 2019

The Supreme Court dismissed the appeal filed by M/s Natesan Agencies (Plantations), a partnership firm, against the judgment of the Madras High Court ...

High Court

High Court of Bombay at Goa Reduces Interest Rate from 12% to 9% in Contractor's Recovery Suit Against State. The court held that interest under Section 34 CPC must be reasonable and not excessive, reducing the rate to 9% per annum.

8 Feb 2019

The dispute arose out of a contract awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contractor, for improvement of riding quality of NH-4A ...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Rejection of Plaint Rejection Application in Injunction Suit. Court holds that valuation for court fees and jurisdiction in a suit for injunction simplicitor is based on the relief claimed, not the subject matter value, and that Order VII Rule 11(b) CPC cannot be invoked for undervaluation without first seeking correction of valuation.

15 Oct 2018

The petitioner, Mr. Agnelo Gregorio Jose Simoes, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 16/09...

High Court

Bombay High Court Upholds Trial Court's Pecuniary Jurisdiction in Property Suit — Valuation Based on Market Value Determines Forum. Suit for Declaration and Injunction Over Non-Agricultural Property Must Be Valued Under Section 6 of Bombay Court Fees Act, 1959; Plaintiffs Directed to Pay Deficit Court Fees.

13 Apr 2015

The case involves a challenge to an order dated 28 October 2014 passed by the 16th Joint Civil Judge, Junior Division, Pune, which held that the court...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to Stay Suit Under Section 10 CPC. Court Held That Section 10 CPC Does Not Apply When Parties Are Not Same in Both Suits and Subject Matter Is Not Directly and Substantially in Issue.

1 Dec 2011

The petitioner, original plaintiff, filed Regular Civil Suit No.19 of 2009 seeking a declaration that a sale deed dated 31/10/2008 was obtained by fra...

High Court

Bombay High Court Allows Appeal in Property Dispute Over Forged Power of Attorney and Tenancy Documents. The court held that the plaintiff failed to prove forgery of a registered General Power of Attorney and tenancy letter, reversing the trial court's decree for possession.

8 Feb 2005

The case involves a property dispute over Flat No.6 in a building called SUNBEAM. The plaintiff, Rufina M. Pinto, claimed ownership of the entire buil...

High Court

Bombay High Court Allows Amendment of Written Statement in Commercial Suit — Defendant No. 7 Permitted to Amend Pleadings to Include Additional Grounds of Defence. Amendment Sought to Add Facts Regarding Execution of Agreement and Payment of Consideration, Held Not to Cause Prejudice to Plaintiff as Trial Not Yet Commenced.

30 Nov -0001

The present interim application was filed by defendant no.7, Ganesh Lakhaji Chudasama, seeking amendment of his written statement in a commercial suit...

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