Search Results for "specific pleading"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "specific pleading"

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High Court

Bombay High Court Allows Amendment of Plaint and Impleadment of Parties in Property Dispute — Amendment Sought Before Commencement of Trial Allowed as No Prejudice Caused. Order VI Rule 17 CPC permits liberal amendment before trial; impleadment under Order I Rule 10 CPC allowed for complete adjudication.

1 Aug 2014

The plaintiffs, Sharayu Ramkrishna Mhatre and Anjali Deepak Karnik, filed a suit (Suit No. 1964 of 2012) in the Bombay High Court seeking a declaratio...

High Court

High Court of Karnataka Dismisses Appeal for Specific Performance of Sale Agreement — Plaintiff Failed to Prove Readiness and Willingness. The court held that the plaintiff did not adduce sufficient evidence to show continuous readiness and willingness to perform the contract, and the suit was barred by limitation under Article 54 of the Limitation Act, 1963.

24 Mar 2015

The appellant, V.P. Venkatesh, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 and Section 151 of the Code of Civil Procedure,...

Supreme Court

CIVIL APPEAL NO. 7370 OF 2026

1 Jan 1970

The present Civil Appeal arises from a suit for declaration of ownership of agricultural properties based on a Will dated 20.04.2018, allegedly execut...

High Court

Bombay High Court Dismisses Petition for Decree on Admission in Tenancy Suit — No Clear Admission of Tenancy Found in Written Statement. The Court held that Order XII Rule 6 CPC requires an unequivocal admission, and the Respondents' denial of tenancy and characterization of the Petitioner as a trespasser did not constitute such an admission.

27 Jun 2023

The Petitioner, Nagesh Krishnaji Koyalkar, filed a Writ Petition under Article 227 of the Constitution of India challenging an order dated 23 November...

Supreme Court

Supreme Court Quashes High Court Order Allowing Amendment of Plaint in Partition Suit Due to Lack of Due Diligence and Impermissible Challenge to Compromise Decree. Amendment Sought at Fag End of Trial to Add Declaration Prayer Was Rejected as Oversight Alone Does Not Satisfy Proviso to Order VI Rule 17 CPC and Remedy for Compromise Decree Lies Only Before Same Court Under Order XXIII Rule 3 CPC.

29 Feb 2024

The dispute arose from a suit for partition of ancestral property filed by respondents No. 1 and 2 in 2005. They pleaded the existence of a compromise...

High Court

High Court of Karnataka Allows Appeal for Specific Performance of Sale Agreement — Plaintiff Proved Readiness and Willingness to Perform Contract. The court held that the plaintiff was entitled to specific performance as he had deposited balance consideration and issued notice, satisfying Section 16(c) of Specific Relief Act, 1963.

6 Apr 2022

The appellant/plaintiff filed a suit for specific performance of an agreement of sale dated 12.09.2007 and 20.09.2007 for suit schedule property. The ...

High Court

High Court of Karnataka Dismisses Appeal in Property Declaration Suit — Failure to Prove Title and Possession. Suit for declaration of title and injunction dismissed as plaintiff failed to establish ownership and possession over suit property; appellate court affirms trial court's findings on lack of evidence.

23 Aug 2019

The appellant, Sri N. Krishnamurthy, filed a suit for declaration of title and permanent injunction in respect of suit property against the Corporatio...

High Court

Bombay High Court Dismisses Writ Petition Challenging Striking of Election Petition Paragraphs in Municipal Election Dispute. Court upholds that vague allegations of corrupt practices without specific details of consent by the returned candidate are liable to be struck off under Order VI Rule 16 CPC.

2 Aug 2011

The petitioner, Eknath Bayaji Gadkari, filed an election petition under Section 33(1) of the Mumbai Municipal Corporation Act, 1888, challenging the e...

High Court

Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

25 Sep 2013

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

High Court

High Court of Karnataka Adjudicates Appeal Against Dismissal of Specific Performance Suit Arising from Joint Development MOU; Developer Seeks Amendment to Include Refund Claim After Dismissal of Suit.

8 Jul 2026

The appeal arose from a commercial suit for specific performance of a Memorandum of Understanding (MOU) dated 27.09.2004. The appellant, M/s Whitefiel...

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