Search Results for "Limitation Act, 1908"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Limitation Act, 1908"

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High Court

Bombay High Court Allows Appeal by Administrator in Suit for Declaration of Void Lease and Possession, Setting Aside Single Judge's Order Dismissing Interim Relief on Limitation Ground. Court holds that Section 9A CPC requires preliminary issue on jurisdiction to be decided before hearing interim relief, but if court decides to hear interim relief, it must consider merits and not dismiss on limitation alone.

19 Jul 2012

The case involves two appeals arising from a judgment of a Learned Single Judge of the Bombay High Court dated 19 July 2010, on a Notice of Motion for...

High Court

Bombay High Court Allows Appeal Against Refusal of Interim Relief in Arbitration Dispute Over Share Pledge and Corporate Guarantee — Holds That Prima Facie Case and Balance of Convenience Favored Appellant for Injunction Against Enforcement of Personal Guarantees and Share Pledge Pending Arbitration.

2 May 2023

The appellant, Palmview Investments Overseas Limited, a company incorporated in the British Virgin Islands, filed an appeal against an order of the Co...

High Court

Bombay High Court Allows Daughter's Appeal Against Dismissal of Petition Challenging Father's Marriage Under Order 2 Rule 2 CPC. Family Court Erred in Holding That Earlier Suit for Declaration of Marriage as Void Was Barred by Res Judicata as Cause of Action Was Different.

17 Mar 2021

The appellant, Mrs. Nayana M. Ramani, is the married daughter of late Mr. Navnitlal R. Shah. The respondent, Mrs. Fizzah Navnitlal Shah, claims to hav...

High Court

Bombay High Court Allows Appeal in Partition Suit — Dispute Over Agricultural Land Between Brothers. Court Holds That a Suit for Partition Is Not Barred by Limitation When the Plaintiff Is in Joint Possession and the Property Is Ancestral.

28 Jan 2026

The appellant, Shivaji Gopal Kurhade, filed a suit for partition and separate possession of ancestral agricultural land against his brothers and their...

High Court

High Court of Judicature at Bombay, Nagpur Bench Considers Second Appeal on Condonation of Delay in Mesne Profit Appeal. Limitation for Appeal Under Code of Civil Procedure, 1908 Arises from Date of Decree Drawing, Not Judgment.

4 May 2018

The appellant, Maharashtra State Warehousing Corporation, was a tenant in the suit premises owned by the respondents. After a decree for possession wa...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Appellants' Possessory Title Upheld Over Respondents' Claim of Redemption. Court holds that a mortgagee in possession acquires title by adverse possession after 12 years from the date of mortgage if the mortgagor fails to redeem within the limitation period under Article 61 of the Limitation Act, 1963.

14 Oct 2005

The case involves a second appeal before the Bombay High Court arising from a suit for redemption of mortgage and possession filed by the respondents ...

High Court

High Court of Karnataka Allows Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Courts Below Reversed on Ground of Non-Examination of Attesting Witness to Will. The first appellate court's reversal of the trial court's decree was set aside as it failed to consider the mandatory requirement of examining an attesting witness to prove the Will under Section 68 of the Indian Evidence Act, 1872 read with Section 63 of the Indian Succession Act, 1925.

1 Oct 2013

The appellant, H.M. Rudraradhya, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and de...

High Court

Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

13 Feb 2013

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

High Court

Bombay High Court Allows Writ Petition Challenging Director of Education's Order to Reinstate Head Master — Termination by Administrator Valid Under Section 3 of Maharashtra Educational Institutions (Management) Act, 1976. Director of Education lacked jurisdiction to entertain appeal under Section 9 of MEPS Act as termination was by Administrator appointed under Management Act, not by management.

22 Jun 2006

The petitioner, Madhukar Bijaramji Sawarkar, as Secretary and Chief Executive Officer of Pipla Education Society, challenged an order dated 23.4.1990 ...

High Court

Bombay High Court Allows Appeal in Summary Suit for Recovery of Goods Supplied — Limitation Period Computed from Date of Default, Not Invoice Date. The court held that the suit for recovery of price of goods was within limitation as the cause of action arose on the date of default, i.e., 30 days after the last invoice, and the suit was filed within three years.

20 Dec 2018

The appellant, Nova Flexipack (P) Ltd., a company registered under the Companies Act, 1956, filed a summary suit for recovery of Rs.21,79,218/- from t...

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