Search Results for "separate suit maintainability"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "separate suit maintainability"

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High Court

Bombay High Court Dismisses Condonation of Delay Application in Review Petition — Delay of 89 Days Not Sufficiently Explained, Limitation Period for Review Not Extended by Supreme Court's Liberty. The court held that pursuing a Special Leave Petition does not constitute sufficient cause for delay under Section 5 of the Limitation Act, 1963, and the liberty granted by the Supreme Court does not extend the limitation period for filing a review.

25 Apr 2019

The applicants, who were not parties to the original suit, had filed a Second Appeal (No. 21/2018) which was dismissed as not maintainable by the Bomb...

High Court

Bombay High Court Dismisses Civil Revision Application in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Court held that revisional jurisdiction is limited to jurisdictional errors and cannot be used to re-appreciate evidence or correct erroneous findings of fact.

30 Nov -0001

The case involves a civil revision application filed by Madhav Sheshadri Kulkarni against the dismissal of his suit for declaration and injunction. Th...

High Court

High Court of Karnataka Dismisses State's Commercial Appeal, Upholds Arbitral Award in ICT Project Dispute — Termination Found Unlawful. Composite Contract and Direct Nexus Between State and Consortium Rendered Claim Maintainable, and Arbitral Award of Rs.178.98 Crores Not Against Public Policy.

18 Sep 2025

The appeal arises from an arbitral award of Rs.178,98,38,525 in favour of respondent No.1, a consortium partner, against the State of Karnataka for wr...

High Court

High Court of Bombay Dismisses Writ Petition; Holds Common Election Petition Maintainable Under Bombay Village Panchayats Act, 1958. Rejection of Nominations of School Teachers for Not Obtaining Management Permission Held Illegal Following Supreme Court Precedent.

7 Jul 2011

The dispute arose from elections to Gram Panchayat Nawargaon, Taluq Sindewahi, District Chandrapur, held on 22 August 2010. The Gram Panchayat consist...

Supreme Court

Supreme Court Allows Appeals by Third-Party Purchasers Against Decree Affecting Their Possession: Leave to Appeal Granted as Sale Deed Holders Are 'Persons Aggrieved' Under Section 96 CPC. The Court held that the High Court erred in rejecting the application for leave to appeal, as the trial court's decree directly prejudiced the appellants' rights and interests.

1 Jan 2020

The case involves appeals by third-party purchasers (appellants) who purchased sites from the General Power of Attorney holders of the original owners...

High Court

Bombay High Court Quashes Attachment Order in Defamation Suit Execution — Attachment of Immovable Property Without Notice to Judgment Debtor Violates Order XXI Rule 54 CPC. Court holds that issuance of attachment warrant without prior notice to the judgment debtor and without recording reasons is illegal and liable to be set aside.

4 Sep 2013

The petitioner, Dilipkumar Hirachand Jain, was the original plaintiff No.2 in Special Civil Suit No.332 of 1996, which was a suit for damages for defa...

Supreme Court

Supreme Court Upholds Executability of Specific Performance Decree Despite Delay in Deposit of Balance Consideration. Non-Deposit Within Stipulated Time Does Not Automatically Render Decree Inexecutable; Judgment-Debtor Must Seek Rescission Under Section 28 of Specific Relief Act, 1963.

6 May 2026

The case involves a dispute over the execution of a decree for specific performance of an agreement to sell agricultural land. The appellant, Habban S...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Injunction Based on Possession Despite Failure to Prove Ownership. Concurrent findings of fact on possession are binding in second appeal unless perverse; a plaintiff in possession can seek injunction against a trespasser under Section 38 of the Specific Relief Act, 1963.

28 Jul 2017

The case involves a second appeal arising from a suit for declaration of ownership and permanent injunction filed by the respondents (original plainti...

High Court

High Court of Karnataka Dismisses Revision Petition by Mother and Brother Against Orders Granting Maintenance to Respondent Daughter/Sister Under Domestic Violence Act. The court upheld the concurrent findings of the courts below that the respondent was entitled to maintenance under the Protection of Women from Domestic Violence Act, 2005, even though she was not residing with the petitioners at the time of filing the complaint.

11 Dec 2019

The petitioners, Smt. N.S. Leelavathi (mother) and Sri R. Shiva Prathap (brother), filed a criminal revision petition under Section 397 read with 401 ...

High Court

Bombay High Court Allows Developer's Petition in Property Dispute, Sets Aside Injunction on Construction. Court holds that the appellate court exceeded its jurisdiction by granting ad-interim injunction without considering balance of convenience and prima facie case.

21 Apr 2010

The petitioner, Radhika Property Developers Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the judgment a...

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