Search Results for "declaration decree"

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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 "declaration decree"

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High Court

High Court of Bombay Hears Second Appeal Against Concurrent Decrees Declaring Lapse of Land Reservation. Issues of Lapsing Under Section 127 of MRTP Act and Jurisdictional Bar Under Section 149 Argued.

30 Apr 2025

This second appeal arose from concurrent judgments and decrees of lower courts declaring that the reservation on the suit property, owned by the respo...

High Court

Bombay High Court Quashes Tahsildar's Order Cancelling Mutation Entries in Tenancy Land Dispute — Held That Tahsildar Lacks Jurisdiction to Cancel Certificate Issued Under Section 38(E) of Hyderabad Tenancy Act After 65 Years Without Notice to Affected Parties. The court held that the certificate under Section 38(E) of the Hyderabad Tenancy and Agricultural Land Act, 1950 attains finality and cannot be cancelled by the Tahsildar after such a long lapse of time, and the order was passed in violation of natural justice.

16 Oct 2025

The petitioners, legal heirs of original tenants Ganpati Kundlik Kurule and Abaji Ramji Jadhav, challenged the order dated 04.09.2025 passed by the Ta...

High Court

Bombay High Court Quashes Tahsildar's Order Cancelling Mutation Entries in Tenancy Land Dispute — Exceeds Jurisdiction Under Maharashtra Land Revenue Code. Tahsildar Cannot Cancel Certificate Issued Under Section 38(E) of Hyderabad Tenancy and Agricultural Land Act, 1950, as Such Power Lies Only with Revenue Tribunal or Civil Court.

16 Oct 2025

The petitioners, legal heirs of tenants Ganpati Kundlik Kurule and Abaji Ramji Jadhav, challenged the order dated 04.09.2025 passed by the Tahsildar, ...

High Court

Bombay High Court Allows Revision Applications in Property Dispute — Sets Aside Ex-Parte Decree for Non-Compliance with Order 8 Rule 1 CPC. Failure to File Written Statement Within 90 Days Leads to Striking Off Defence, But Court Finds No Justification for Ex-Parte Decree Without Considering Application for Setting Aside Abatement.

5 Jun 2023

The case involves two civil revision applications filed by the applicants (original defendants) against the respondents (original plaintiffs) challeng...

High Court

Bombay High Court Dismisses First Appeal Against Limitation Dismissal of Temple Rights Suit. Court Holds Section 10 of Limitation Act Inapplicable as Suit Seeks Declaration and Injunction, Not Possession of Trust Property.

29 Apr 2010

The Bombay High Court, Aurangabad Bench, heard a first appeal preferred by the original plaintiffs against the dismissal of their trust suit by the Di...

High Court

Bombay High Court Revokes Leave Under Clause XII of Letters Patent in Suit for Specific Performance of Agreement for Sale of Land Situated Outside Jurisdiction. The court held that a suit seeking declaration of invalidity of a sale deed in respect of immovable property situated outside the court's jurisdiction is a suit for land, and leave granted under Clause XII of the Letters Patent must be revoked.

6 Jan 2015

The plaintiff filed a suit for specific performance of an agreement for sale dated 2 February 1990 executed by Dr. Ceasar M. Fernandes and others in r...

High Court

Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

6 May 2014

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

High Court

Madras High Court Upholds Plaintiff’s Possession in Injunction Suit, Sets Aside Reversal by Lower Appellate Court. In a second appeal under Section 100 CPC, the court ruled that the first appellate court erroneously reversed the trial court’s decree granting permanent injunction by misappreciating evidence and relying on inadmissible secondary evidence under Section 65 of the Indian Evidence Act, 1872.

22 Jul 2026

The case involved a suit for permanent injunction filed by the plaintiff against the defendants to restrain interference with his possession of suit p...

Supreme Court

“Mandatory Injunction vs Possession: Supreme Court Clarifies Section 41(h) Specific Relief Act (2026 INSC 61)”“Cloud on Title & Possession: Why Injunction Suit Fails

15 Jan 2026

In Sanjay Paliwal v. Bharat Heavy Electricals Ltd., the plaintiffs sought a mandatory injunction to remove a wall allegedly blocking access to their l...

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