Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

High Court of Karnataka considers appeal under Section 96 CPC against trial court's dismissal of suit for permanent injunction and grant of possession to defendants. Trial court held counterclaim for possession maintainable without separate declaration and that plaintiffs failed to prove lawful possession.

27 Jan 2020

The plaintiffs filed a suit for permanent injunction to restrain the defendants from alienating, demolishing, or dispossessing them from the suit sche...

High Court

Bombay High Court Dismisses Election Petition Challenging BJP Candidate's Victory in Dahisar Assembly Constituency — Allegations of Improper Nomination Acceptance and Corrupt Practices Not Proven. The court held that the petitioner failed to discharge the burden of proof under Section 100(1)(d)(i) and Section 123 of the Representation of the People Act, 1951, and the petition was dismissed with costs.

7 Jul 2017

The petitioner, Vinod Ramchandra Ghosalkar, a Shiv Sena candidate, lost the Maharashtra Legislative Assembly election for the Dahisar Constituency hel...

High Court

Bombay High Court Allows Second Appeal in Property Declaration Suit — Limitation Period Runs from Knowledge of Encroachment, Not from Survey Record Publication. The court held that Article 58 of the Limitation Act, 1963 does not bar a suit for declaration of title when no adverse possession is claimed and the suit is filed within three years of knowledge of encroachment.

17 Jan 2014

The appellant, Pedro do Rosario Fernandes, filed a suit for declaration of title in May 1999, claiming that he obtained a certified copy of survey rec...

High Court

Bombay High Court Allows Second Appeal in Licensor-Licensee Dispute — Civil Court Lacks Jurisdiction Under Section 26(2) of Provincial Small Causes Courts Act, 1887. The suit for possession based on temporary license is exclusively triable by Small Causes Court, not Civil Court.

7 Apr 2014

The appellant (original defendant) challenged the concurrent findings of the trial court and first appellate court in a suit for possession filed by t...

High Court

Bombay High Court Allows Revision Application in Rent Control Matter — Tenant's Subletting and Denial of Title Not Proved. Held that mere use of premises by family members does not constitute subletting under Section 15 of the Maharashtra Rent Control Act, 1999, and denial of landlord's title must be unequivocal and in good faith.

5 Feb 2018

The case involves a civil revision application filed by the legal heirs of the original tenant, Mangilal Mishrimal Bafna, against the respondents, who...

High Court

Bombay High Court Quashes Amendment Order in Partition Suit for Lack of Due Diligence — Amendment Sought After Trial Concluded and Final Arguments Commenced, Allowing Addition of 12 Properties and 19 Defendants, Held to Be an Abuse of Process Under Order VI Rule 17 CPC.

7 Aug 2024

The petitioner, Dashrath Shiva Korlekar, legal heir of original Defendant No. 1 (Defendant No. 1C), challenged the order dated 22.02.2024 passed by th...

High Court

Bombay High Court Decrees Suit in Favour of Financial Advisor in Commercial Summary Suit for Professional Fees — Interpretation of Mandate Letter Options for Success Fee on Cash Sales of NPAs. Court holds that where the Bank exercised option of 100% cash sales, the Financial Advisor is entitled to success fee at the higher rate of 0.50% on cash received, as per option (a) of the Mandate Letter dated 1 July 2017.

25 Feb 2025

The Plaintiff, Special Situation Advisors (India) Pvt. Ltd., a company registered under the Companies Act, 1956, engaged in providing financial adviso...

Supreme Court

Supreme Court Allows Appeals by Punjab Wakf Board, Holds Wakf Tribunal Has Jurisdiction Over Suits for Possession of Wakf Property. The Court distinguished Ramesh Gobindram and held that under the Wakf Act, 1995, the Tribunal has exclusive jurisdiction over disputes relating to wakf property, even against non-Muslim lessees.

7 Feb 2019

The Supreme Court allowed two appeals filed by the Punjab Wakf Board against separate judgments of the Punjab and Haryana High Court. The High Court h...

Supreme Court

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.

19 Mar 2020

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 ...

High Court

Bombay High Court Allows Recovery of Licence Fees and Mesne Profits in Hoarding Advertisement Dispute. Plaintiff partnership firm entitled to arrears and future compensation for defendant's continued use of hoarding sites after termination of licence.

13 Jan 2010

The plaintiff, a partnership firm registered under the Indian Partnership Act, carried on business of acquiring sites, erecting hoardings, and permitt...

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