Search Results for "CPC applicability"

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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 "CPC applicability"

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High Court

Bombay High Court Allows Appeal and Remands Land Acquisition Reference for Parity in Compensation — Presumption of Death Under Section 110 of BSA Act Clarified. The Court held that the principle of parity requires consistent compensation for similarly situated landowners and that legal representatives need not produce a succession certificate when relationship is undisputed.

8 Aug 2024

The case arises from a first appeal filed by the legal representatives of the original claimant, Savitribai Ambagade, against the judgment and award d...

Supreme Court

Supreme Court Upholds High Court's Quashing of Land Allotment Policy for Cooperative Societies in Andhra Pradesh — Violation of Article 14 and Lack of Transparency. Preferential allotment of government land at basic rates to MPs, MLAs, Judges, AIS officers, and journalists held arbitrary and unconstitutional.

13 Dec 2024

The case involves cross appeals against a Division Bench judgment of the Andhra Pradesh High Court dated 05.01.2010, which partly allowed writ petitio...

High Court

Bombay High Court Allows Eviction Suit Against MSEB in Rent Control Dispute — State Government Not the Tenant. The court held that MSEB was the tenant and the suit was maintainable, setting aside the concurrent decrees of the lower courts.

17 Dec 2024

The petitioner, The Hong Kong & Shanghai Banking Corporation Limited (HSBC), filed a writ petition challenging the concurrent judgments of the Small C...

Supreme Court

Supreme Court Allows Management's Application in Land Sale Dispute by Invoking Principle of Restitution to Correct Erroneous Disbursement. Court Held That Funds Diverted to Parties Without Adjudication of Claims Must Be Returned to Protect Stakeholder Interests Under Inherent Jurisdiction and Section 144 of Code of Civil Procedure, 1908.

23 Mar 2023

The Supreme Court considered an application (I.A. No. 88960 of 2020) filed by the management of Unitech Limited seeking various directions related to ...

Supreme Court

Supreme Court Allows Appeal in Arbitration and Specific Relief Act Case — Dispute Over Development Agreement Held Arbitrable Despite Prayer for Cancellation of Agreement. Action under Section 31 of Specific Relief Act, 1963 is not in rem and does not bar arbitration.

28 Apr 2023

The present appeal arises from a civil suit filed by the respondent-plaintiff against the appellant-defendant. The respondent claimed ownership of a s...

Supreme Court

Supreme Court Allows Appeals in Urban Land Ceiling Case — Upholds Vesting of Land in State and Rejects Ownership Claim. The Court held that the plaintiffs failed to prove their title and that the suit was barred by res judicata and limitation.

26 Feb 2019

The case involves a dispute over land bearing No.73, Canal Circular Road, Calcutta, which was part of a larger parcel of land. The plaintiffs, claimin...

Supreme Court

Supreme Court Allows Appeal Against High Court's Article 227 Intervention in Arbitration Matter - Emphasizes Limited Scope of Supervisory Jurisdiction Under Arbitration and Conciliation Act, 1996. The Court held that the High Court should not have interfered with an interim order under Section 17 of the Act when the first appeal under Section 37 had been dismissed, as the Act is a self-contained code with limited judicial intervention.

4 Oct 2019

The appeal arose from a dispute between M/s Deep Industries Limited (appellant) and Oil and Natural Gas Corporation Limited (ONGC) (respondent) concer...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

2 Aug 2023

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

High Court

Bombay High Court Allows Second Appeal in Property Suit, Remands for Fresh Consideration on Issue of Possession and Limitation. Court holds that the first appellate court failed to frame proper points for determination under Order 41 Rule 31 CPC, and that the suit for declaration of title and injunction was not barred by limitation under Article 58 of the Limitation Act, 1963.

28 Jul 2023

The appellants (original plaintiffs) filed a suit for declaration of title and permanent injunction in respect of a property in Goa. They claimed that...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

23 Oct 2023

The present second appeal arises from a partition suit filed by the original plaintiffs (appellants) against the defendants (respondents). The plainti...

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