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Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Limitation and Cause of Action Are Triable Issues. Court holds that Order VII Rule 11 CPC application cannot be decided on disputed facts regarding knowledge of sale deeds and limitation.

The Bombay High Court dismissed a Civil Revision Application filed by Defendant No.15 (M/s. Mahabharat Builders) challenging the trial court's order d...

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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Readiness and Willingness Upheld. Agreement to Sell dated 28.05.2012 for Rs.2,89,000/- with Rs.2,00,000/- Earnest Money Enforced as Plaintiff Proved Continuous Readiness and Willingness.

The plaintiff-respondent filed a suit for specific performance of an agreement to sell dated 28.05.2012, whereby the defendants-appellants agreed to s...

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Supreme Court Allows Land Losers' Appeal in Land Acquisition Compensation Case Due to Improper Reliance on Government Floor Rates. Market Value Must Be Determined Based on Sale Exemplars Under Section 18 of Land Acquisition Act, 1894, as Small Sale Instances Cannot Be Ignored for Large Tracts.

The dispute arose from the acquisition of lands in Sultanpur, Gurugram, for constructing Express Highway Phase VII under the Land Acquisition Act, 189...

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Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

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Bombay High Court Allows Appeal in Land Acquisition Case — Compensation Enhanced from Rs.275-300 to Rs.500 per sq.m. Based on Comparable Sale Deed and Development Potential. Market Value Determined Under Section 23 of Land Acquisition Act, 1894, with 20% Deduction for Development Charges.

The appellant, Nisar Ahmed Ramzan Momin, owned two plots of land in Village Nizampur, Bhiwandi, Thane, which were acquired by the State for a developm...

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High Court of Bombay at Goa Partially Allows State Appeal in Land Acquisition Case, Reduces Compensation Rate. Reference Court's enhancement of market value from Rs. 100 to Rs. 350 per sq.mt. set aside; rate reduced to Rs. 200 per sq.mt. based on comparable sale instances.

The case pertains to a State appeal under Section 54 of the Land Acquisition Act, 1894, challenging the Judgment and Award dated 12/03/2007 passed by ...

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Bombay High Court Dismisses Acquiring Body's Appeal in Land Acquisition Compensation Enhancement. Compensation for playground land enhanced from Rs.30 to Rs.102 per sqm based on comparable sales and location advantages under Land Acquisition Act, 1894.

The appellant, Village Panchayat of Collem, challenged the judgment and award dated 13.01.2010 passed by the Reference Court in Land Acquisition Case ...

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High Court of Bombay at Nagpur Dismisses Claimant's Appeal for Enhanced Compensation and Partly Allows State's Appeal in Land Acquisition Case — Market Value Determined at Rs. 100 per sq.ft Based on Comparable Sale Instances.

The case involves two appeals arising from a land acquisition matter. The land, measuring 1.21 HR (1,29,345 sq.ft) out of Survey No. 118/3 at Digras, ...

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Bombay High Court Partly Allows Appeal in Land Acquisition Compensation Case — Enhances Rate to Rs.306 per sqm Based on Comparable Sale Deeds. Court Relies on Sale Deed of Adjacent Land to Determine Market Value Under Section 23 of Land Acquisition Act, 1894.

The case arises from a land acquisition proceeding initiated by the Government of Goa for public purposes. The Deputy Collector (Dev) & Land Acquisiti...