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Search Results for "long cause suit"

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High Court

Bombay High Court Admits Appeal Against Rejection of Interim Injunction in Suit Challenging Cancellation of Lease by Nagpur Improvement Trust — Dharmashala Allotment Dispute under Nagpur Improvement Trust Act, 1936

6 May 2011

The appeal arose from the rejection of a temporary injunction application by the trial court in a suit filed by a charitable trust against the Nagpur ...

High Court

High Court of Gujarat Dismisses Revision Against Rejection of Plaint Under Order VII Rule 11 CPC — Suit Not Barred by Limitation or Res Judicata as Plaint Discloses Cause of Action

26 Feb 2026

The present Civil Revision Application was filed by the defendants (applicants) challenging the order dated 26/02/2026 passed by the 7th Additional Se...

High Court

Madras High Court Considers Plaintiff’s Suit for Declaration of Title and Compensation for Land Acquired for Chennai Metro Rail. Suit Filed Under CPC Order VII Rule 1 and Madras High Court Original Side Rules Seeks Compensation for Grama Natham Land in Saligramam Village.

2 Feb 2025

The plaintiff, D. Shankar, instituted Civil Suit No. 725 of 2018 before the Madras High Court seeking a declaration of ownership over three parcels of...

High Court

Bombay High Court Dismisses Appeal by Trustees in Trespass Suit Against Occupant Claiming Deemed Tenancy Under Maharashtra Rent Control Act, 1999. The court upheld the trial court's finding that the occupant was not a trespasser but a deemed tenant under Section 5(4)(c) of the Maharashtra Rent Control Act, 1999 due to long possession and acceptance of rent.

3 Dec 2018

The appellants, trustees of Bai Bhichaiji H. Bennett Trust, filed a suit for declaration that the respondent was a trespasser in Flat No.E4 and for po...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Over Ex Parte Decree and Demolition Order, Remands for Fresh Adjudication. The court held that a defendant appealing under Section 96 of the Code of Civil Procedure, 1908, without filing an application under Order IX Rule 13, can challenge the ex parte decree on grounds of improper service of summons or illegality of ex parte proceedings based on the suit record, as per Section 105.

6 Sep 2022

The dispute arose from a civil suit filed by the first respondent-plaintiff in the City Civil Court at Bangalore, seeking a declaration of ownership o...

High Court

Divison Bench of Bombay High Court Reserved Judgment in Admiralty Appeal on Quantum of Security for Release of Arrested Vessel M.V. Nordlake; Order of Single Judge Requiring Full-Claim Security Challenged. The appellant foreign ship-owner contended that under the International Convention on Arrest of Ships, 1999 and Rule 954 of the Bombay High Court (Original Side) Rules, security should be limited to the vessel's value of Rs.47 crores, while the respondent Union of India argued that security must cover the full claim of Rs.1058 crores.

7 Mar 2012

The appeal arose from collision between the first defendant vessel, M.V. Nordlake, and the naval vessel INS Vindhyagiri near Mumbai on 30 January 2011...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Loan Recovery — Bombay Money Lenders Act Defence Rejected as Suit Based on Negotiable Instruments. The court held that the suit based on cheques and bills of exchange is not barred under the Bombay Money Lenders Act, 1946, and the appellant must deposit the principal amount of Rs.67 crores as a condition for leave to defend.

20 Nov 2014

The appeal arises from an order of the learned Single Judge granting the appellant (original defendant) leave to defend the summary suit conditional u...

High Court

Madras High Court Modifies Preliminary Decree in Partition Suit, Applies Vineetha Sharma Principles Under Hindu Succession Act. Daughter Entitled to 1/9 Share as Coparcener Under Central Act 39 of 2005, Irrespective of Father's Death Before 2005 and Regardless of Date of Marriage.

14 Jul 2026

The judgment arises from a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the preliminary decree dated 25.02.2016 pas...

High Court

Bombay High Court Dismisses Suit as Barred by Limitation and Lack of Jurisdiction in Property Dispute Between Family Members. Suit for partition and accounts filed after 30 years from the date of cause of action is time-barred under Articles 65 and 113 of the Limitation Act, 1963, and the court lacks territorial jurisdiction as the property is situated outside its jurisdiction.

11 Mar 2020

The plaintiffs, Raishi S. Chheda and others, filed a suit for partition and accounts against the defendants, Dhirajlal R. Chheda and others, in the Bo...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Immovable Property — Purchaser Failed to Demonstrate Willingness to Complete Transaction. Readiness without willingness is insufficient for specific performance under Section 16(c) of the Specific Relief Act, 1963, as the plaintiff insisted on adjustment of loans without calling upon defendant to pay its share.

8 Apr 2019

The suit was filed by G Ram Construction Company (plaintiff) against Chowgule & Company (Hind) Pvt Ltd (defendant) for specific performance of an agre...

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