Search Results for "registered partition deed"

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Search Results for "registered partition deed"

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High Court

Bombay High Court Revokes Leave Under Clause 12 of Letters Patent in Arbitration Matter — No Part of Cause of Action Arose Within Court's Territorial Jurisdiction. The court held that leave to sue cannot be granted when the entire cause of action arises outside the court's territorial limits, even if the arbitration clause is broad.

10 Oct 2013

The case involves a Chamber Summons filed by Narendra Gorani (Applicant) seeking revocation of leave granted under Clause 12 of the Letters Patent to ...

High Court

Bombay High Court Allows Counter Claim in Suit for Perpetual Injunction — Order 8 Rule 6A CPC Permits Set-Off or Counter Claim Even in Injunction Suits. The court held that a counter claim arising from the same transaction cannot be excluded with liberty to file a fresh suit, as it would lead to multiplicity of proceedings.

19 Jan 2015

The petitioners, who were defendants in Regular Civil Suit No. 561 of 2014, challenged an order passed by the trial court under Order 8 Rule 6A and 6C...

High Court

Bombay High Court Allows Tenant's Petition in Tenancy Purchase Dispute — Filing of Section 32G Proceedings Constitutes Sufficient Intimation Under Section 32F of Maharashtra Tenancy and Agricultural Lands Act, 1948. Tenant's Right to Purchase Land Not Defeated by Delay Where Landlord Failed to Inform Tenant of Attaining Majority.

18 Feb 2025

The case involves a dispute over agricultural land in Village Devarashtra, Taluka Khanapur, District Sangli, owned originally by Shankar Govind Kurlek...

High Court

Bombay High Court Dismisses Interim Injunction Application in Specific Performance Suit — Plaintiff Fails to Establish Possession and Prima Facie Case. Balance of convenience favors defendant as property stands in defendant's name and no irreparable loss shown.

30 Nov -0001

The present matter is an interim application in a suit for specific performance of an agreement to sell and for permanent injunction. The plaintiff, S...

High Court

Bombay High Court at Goa Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Court holds that no substantial question of law arises under Section 100 CPC when findings are based on appreciation of evidence and not perverse.

4 Jan 2022

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the District Judge, North Goa, Pana...

High Court

High Court of Judicature at Bombay Dismisses Second Appeal Filed by Purchasers in Partition Suit — Sale Deeds Executed by Karta Without Legal Necessity Not Binding on Coparceners. Alienation of Five Parcels When Only One Was Sufficient to Raise Required Funds Fails the Prudent Owner Test and Is Not for the Benefit of the Estate Under Hindu Law.

9 Apr 2010

The dispute arose from a suit for partition filed by a minor son and his mother against the father, who was the Karta of a joint Hindu family. The pla...

Supreme Court

Supreme Court Allows Appeal in Ceiling Act Case — Gift Deed Valid Despite Lack of Express Acceptance. Transfer of Property Act, 1882 Sections 122 and 123 do not require express acceptance; implied acceptance from circumstances suffices for a valid gift between father and son.

8 Dec 2020

The present appeal arises from a land ceiling dispute in Rajasthan. Daulat Singh (since deceased, represented by legal heirs) was the owner of 254.2 B...

High Court

Bombay High Court Dismisses Third Party Impleadment Application in Partnership Suit — Assignment of Right to Sue Does Not Confer Right to Be Substituted as Party Without Leave of Court Under Order 22 Rule 10 CPC.

22 Jun 2017

The present Chamber Summons was taken out by third party applicants, MahHill Properties Pvt. Ltd. and another, seeking impleadment as party defendants...

High Court

Bombay High Court Allows Impleadment of Third Parties in Specific Performance Suit Under Order 1 Rule 10(2) CPC — Co-owners and Signatories to Development Agreement and Partition Deed Held Necessary for Effectual Adjudication.

15 Sep 2017

The petitioner, M/s. Divya Builders, a registered partnership firm, filed a suit for specific performance of contract and permanent injunction against...

Supreme Court

Supreme Court Upholds Right of Pre-emption in Partition Deed Covenant Binding on Successors-in-Interest. Covenant Not Expressly Binding Assignees Held Enforceable Against Subsequent Purchasers with Notice, and Rule Against Perpetuities Held Inapplicable to Personal Pre-emption Agreements.

6 Sep 1966

The dispute arose out of a partition suit between two brothers, T and K, which was referred to arbitration. The arbitration award divided the joint pr...

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