Search Results for "Partly Decreed"

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Bombay High Court considers application for recalling abatement order in property partition appeal. Court examines condonation of delay in bringing legal heirs on record under Limitation Act, 1963.

The matter arises from a partition suit (Special Civil Suit No. 198 of 1990) filed by two sisters against their four brothers. The suit was partly dec...

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Bombay High Court Upholds Dismissal of Execution Petition as Time-Barred in Specific Performance Case. Dismissal of Appeal for Want of Prosecution Does Not Constitute Merger of Decree and Limitation Period Runs from Date of Trial Court Decree Absent Stay of Execution.

The dispute arose from a suit for specific performance of an agreement to sell agricultural land. The predecessor of the petitioners (plaintiff) had e...

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Bombay High Court Allows Appeal in Transport Contract Dispute, Holds Mutual Mistake Warrants Rectification of Contract Distance. Court Finds Actual Distance 307 km, Not 263 km as Stated in Work Order; Appellant Entitled to Claim for Excess Work Under Section 70 of Contract Act.

The dispute arose from a transport contract for emergency coal transportation from New Majri Colliery to Paras power station. The plaintiff, a transpo...

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Bombay High Court Upholds Plaintiff in Suit for Declaration and Possession — Agreement for Sale Terminated Due to Dishonoured Post-Dated Cheques. Defendants' Claim of Protected Tenancy and Part Performance Rejected as They Failed to Pay Balance Consideration.

The suit pertained to an agreement for sale of a flat and garage at 'Asha Mahal', Pedder Road, Bombay. The plaintiff, Yuvrani Hansa Devi, had initiall...

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Bombay High Court Reconsiders Promoter's Right to Additional Construction Under MOFA After Supreme Court Remand. Dispute Centers on Whether Section 7A Overrides Flat Purchasers' Consent Requirement for Additional Wings in an Existing Scheme.

The Bombay High Court heard two first appeals remanded by the Supreme Court in a dispute between Madhuvihar Cooperative Housing Society (the society) ...

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Bombay High Court Directs Status Quo and Expedited Disposal in Appeal Against Partition Decree. Court accepts undertaking not to execute decree and restrains alienation of suit property pending appeal under Article 227.

The respondent-plaintiff instituted Regular Civil Suit No. 164 of 2000 for partition and separate possession of agricultural lands and a house propert...

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Bombay High Court Examines Challenge to Charge-Sheet Issued Under Rule 14 CCS (CCA) Rules Two Days Before Retirement. Department's 13-year delay in initiating proceedings and subsequent acquittal in criminal case on same facts raised questions of law.

The petitioner, a member of the Indian Revenue Service (Customs and Central Excise) recruited in 1979, was working as Additional Commissioner of Custo...

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Bombay High Court Examines Specific Performance Decree Against Minor Legal Heirs in Second Appeal. Court Finds Section 8(2) of Hindu Minority and Guardianship Act, 1956 Mandatory Before Decree Can Affect Minor's Share in Self-Acquired Property.

The Second Appeal arose from a suit for specific performance and possession of an agricultural land (converted to non-agricultural) bearing Survey No....

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High Court of Judicature at Bombay, Nagpur Bench Hears Second Appeals Challenging Public Auction Order in Partition Suit. Court Frames Substantial Questions on Validity of Sale Before Final Decree Under Order 21 CPC and Section 2 of Partition Act, 1893.

The litigation arose from a suit for partition, Special Civil Suit No.29/1996, filed by Anantrai Ramashankar Upadhyay, which was decreed on 13 October...