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

Bombay High Court Dismisses Petition to Prevent Proforma Defendants from Leading Evidence in Eviction Suit — Interest Not Adverse Does Not Bar Evidence. The court held that the right to lead evidence is not dependent on the nature of interest but on the court's discretion and the necessity for just adjudication under the Presidency Small Causes Courts Act, 1882.

10 May 2024

The petition challenges an order of the Small Causes Court at Mumbai rejecting the plaintiffs' application to prevent certain defendants (Defendant No...

High Court

Bombay High Court Allows Compromise Decree in Property Suit Despite Third-Party Intervention Claim — Consent Terms Binding on Parties, Intervener's Rights Not Affected. The Court held that a compromise between the original parties does not affect the rights of a third party claiming independent title, and such third party need not be impleaded in the suit.

29 Nov 2024

The judgment arises from a suit filed by Vinesh Rashmikant Shah and others (Plaintiffs) against Pee Jay Traders and others (Defendants) concerning dis...

High Court

Bombay High Court Dismisses Appeal in Property Suit for Non-Prosecution. Appeal under Section 96 CPC dismissed as appellants failed to appear and no grounds were made out to interfere with the trial court's judgment.

25 Jan 2024

The present First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908, challenging a judgment and decree passed by the trial court....

High Court

Bombay High Court Dismisses Second Appeal by Stranger Purchasers Against Decree of Specific Performance — Upholds Rejection of Condonation of 1869 Days Delay. The Court held that a stranger purchaser claiming through a defendant cannot seek condonation of inordinate delay without showing sufficient cause, and the lower appellate court's refusal to condone delay was not erroneous.

21 Feb 2020

The case arises from a second appeal filed by Narayansingh s/o Omkarsingh Baghel and Roshan son of Narayansingh Baghel (appellants) against an order d...

High Court

Bombay High Court Dismisses Criminal Contempt Petition for Lack of Prima Facie Case. Allegations of Creating Third-Party Rights and Obtaining Consent Decree Without Disclosing Pending Proceedings Do Not Constitute Criminal Contempt Under Section 2(c) of the Contempt of Courts Act, 1971.

27 Apr 2005

The case involves a criminal contempt petition filed by Dr. Ramesh D. Pandit and another (original plaintiffs) against Smt. Janabai and others (origin...

High Court

Bombay High Court Allows Writ Petition, Restores Eviction Decree in Sub-Lease Dispute for Breach of Covenant. Failure to pay municipal taxes and insurance premium constituted breach of condition under Section 111(g) of Transfer of Property Act, 1882, justifying forfeiture and eviction.

19 Oct 2006

The petitioner, as lessor, had granted a sub-lease of land and buildings to the first respondent for 98 years. The sub-lease deed contained covenants ...

High Court

High Court of Karnataka Dismisses First Defendant's Appeal in Partition Suit — Confirms Concurrent Findings on Joint Family Property and Limitation. Suit for partition and separate possession of joint family properties held not barred by limitation as possession of co-owner is possession on behalf of all co-owners under Hindu law.

18 Mar 2015

This is a first defendant's appeal against the judgment and decree dated 09.04.2010 passed in R.A. No.255/2002 on the file of the Presiding Officer, F...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Plaint Amendment in Permanent Injunction Suit — Amendment Sought After Trial Commenced Held Barred by Proviso to Order VI Rule 17 CPC. The court upheld the trial court's order rejecting the amendment application filed after the commencement of trial, as the plaintiff failed to show due diligence and the amendment was sought after a lapse of nearly 5 years.

30 Jul 2025

The petitioner, who was the plaintiff in O.S. No. 1102 of 2017 before the II Additional Civil Judge, Bengaluru Rural, filed a writ petition under Arti...

High Court

High Court of Karnataka Allows Writ Petition for Issuance of Indian Passport to Minor Born Abroad to Indian Mother — Surrender Certificate of Mother's Indian Citizenship Set Aside. Minor's Citizenship by Descent Under Section 4 of Citizenship Act, 1955 Vests at Birth and Is Not Affected by Mother's Subsequent Surrender of Citizenship.

21 Mar 2023

The petitioners, Master Arya Selvakumar Priya (a minor) and his mother Dr. Priya Durairaj Selvakumar, filed a writ petition under Articles 226 and 227...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Finds Substantial Question of Law on Adverse Possession and Limitation. The court held that the trial court and first appellate court erred in dismissing the suit for possession based on title without properly considering the plea of adverse possession and the applicability of Article 65 of the Limitation Act, 1963.

30 Nov -0001

The case involves a second appeal filed by the legal heirs of the deceased plaintiff against the judgment and decree of the first appellate court, whi...

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