Search Results for "Regular Civil Suit"

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Supreme Court Dismisses Appeal in Property Dispute — Compromise Decree Without Registration Invalid Under Section 17 of Registration Act, 1908. Unregistered Decree Cannot Confer Title; Will Not Proved Under Section 68 of Evidence Act, 1872.

The case involves a property dispute over land originally owned by Bhajan Singh. Bhajan Singh had divorced his wife Gurmail Kaur in 1973, after which ...

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Bombay High Court Dismisses Appeal Against Decree Declaring Plaintiffs' Ownership of 3/4th Share in Suit Property. Agreements Executed by Co-Owners Held Not Binding on Plaintiffs' Undivided Share Under Transfer of Property Act, 1882.

The appeal arises from a judgment and order dated 21 August 2003 passed by the Joint Civil Judge Senior Division, Pune, in Special Civil Suit No.2107 ...

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Bombay High Court Holds Civil Court Cannot Regularise Encroachment on Forest Land in Contravention of Forest (Conservation) Act, 1980 — Government Resolution of 1979 Cannot Override Section 2 of the Act.

This is a reference made by the Joint Civil Judge, Junior Division, Kannad under Section 113 of the Code of Civil Procedure, 1908, seeking answers to ...

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Bombay High Court Quashes FIR in SC/ST Act Case Due to Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The petitioners, six individuals, filed a criminal writ petition under Article 226 of the Constitution of India seeking quashing of FIR No. 86 of 2017...

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Bombay High Court Dismisses Second Appeal in Partnership Dispute, Upholds Small Causes Court Jurisdiction. Fixed monthly payment of Rs.1,500/- to one partner held permissible under partnership deed, and oral evidence inconsistent with written terms cannot be considered.

The case involves a second appeal filed by the original defendants (appellants) against the judgment of the Ad-hoc District Judge-2, Nagpur, dismissin...

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High Court Quashes Competent Authority's Order Allowing Withdrawal of Compensation in National Highways Act Case. Mandatory Reference of Apportionment Dispute to Civil Court Under Section 3H(4) of National Highways Act, 1956 Not Followed.

The High Court of Judicature at Bombay, Nagpur Bench, decided a writ petition challenging an order passed by the Sub-Divisional Officer and Land Acqui...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and injunction dismissed as plaintiff failed to prove title and possession.

The appellant, Aravind S/o Krishnaji Kulkarni, filed Regular Second Appeal No.161/2002 against the judgment and decree dated 4.9.2001 passed in R.A.No...

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Bombay High Court Allows Second Appeal in Specific Performance Case — Readiness and Willingness Established. First Appellate Court erred in reversing trial court's decree for specific performance of agreement to sell agricultural land despite plaintiff's readiness and willingness to perform contract.

The dispute pertains to an agreement to sell agricultural land bearing Survey No.33, admeasuring 3H 23R, situated at village Udapur, Taluka Ner, Distr...