Search Results for "Collusive decree"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Collusive decree"

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Supreme Court

Supreme Court Allows Appeal in Family Property Dispute — High Court Exceeded Revisional Jurisdiction by Decreeing Suit Based on Admission Without Trial. Order under Order 12 Rule 6 CPC set aside as admission must be clear, unambiguous, and not require interpretation.

1 Jan 2026

The present appeal arises from a family dispute over the sale proceeds of ancestral agricultural land. The respondent No.1 (plaintiff) filed a suit fo...

High Court

Bombay High Court Dismisses Second Appeals by Purchaser and Co-Parcener in Joint Family Property Partition Suit. Sale of Joint Family Land by Father as Karta to Cooperative Society Found Not for Legal Necessity, Not Binding on Son's Share Under Hindu Law.

6 Apr 2010

The litigation pertained to a suit for partition of joint Hindu family property. The plaintiff, Udhav Rasne, a coparcener, challenged the alienation o...

High Court

High Court of Gujarat Allows Revision, Rejects Plaint in Specific Performance Suit Involving New Tenure Land. Agreement to Sell New Tenure Land Without Collector's Permission is Void Under Section 43 of Gujarat Tenancy and Agricultural Land Act, 1948, and Suit Based on Such Agreement is Barred by Law.

3 Mar 2026

The case involves a Civil Revision Application filed by the original defendants (Dilipbhai Parshottambhai Patel and others) against an order of the le...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Doctrine of Lis Pendens Applied to Protect Plaintiff's Rights Despite Concurrent Findings of Lower Courts. The Court held that an alienation made during the pendency of a suit is void against the decree-holder under Section 52 of the Transfer of Property Act, 1882, and that the First Appellate Court could not record a finding on fraud and collusion without cross-objections by the defendants under Order 41 Rule 22 CPC.

14 Oct 2024

The dispute arose from an agreement to sell dated 17.08.1990 executed by defendant no. 1 (Janraj Singh) in favour of the plaintiff (Daljit Singh) for ...

High Court

Bombay High Court Dismisses Husband's Appeal Against Divorce by Mutual Consent — Consent Once Given Cannot Be Unilaterally Withdrawn Without Just Cause Under Hindu Marriage Act, 1955. The court upheld the Family Court's decree of divorce by mutual consent despite the husband's subsequent withdrawal, holding that the Family Court had correctly found the consent to be free and voluntary.

6 May 2011

The appeal arose from a divorce petition filed by the wife on the ground of cruelty. During pendency, the parties executed consent terms on 6 October ...

Supreme Court

Supreme Court Reverses High Court Order Condoning 1312-Day Delay in Setting Aside Exparte Decree for Specific Performance. Delay Not Explained and Application Found to be an Afterthought.

3 Mar 2025

The case arises from a suit for specific performance of a sale agreement executed in 2013. The plaintiff (appellant) agreed to purchase property joint...

High Court

Bombay High Court Allows Petition in Co-operative Housing Society Dispute — Maintenance Charges Liability Determined by Conveyance Deed. Consent Terms Allegedly Obtained by Fraud Cannot Override Original Conveyance Deed for Two Units.

14 Jul 2005

The petitioner, Dr. Ranjit Ramchandra Upadhyaya, a member of the respondent M/s. Salas Co-operative Housing Society Ltd., filed a writ petition challe...

High Court

High Court of Karnataka Allows Impleading Application in Specific Performance Suit — Petitioner Entitled to be Heard Before Compromise Decree Affecting Her Rights. The court held that a person whose rights are directly affected by a compromise decree in a subsequent suit is a necessary and proper party under Order I Rule 10(2) CPC, and the trial court erred in rejecting the impleading application.

26 Aug 2014

The petitioner, Smt. Narayanamma, filed a suit for specific performance of contract (OS 2289/2007) against respondents 1 to 3 based on an agreement to...

High Court

High Court of Bombay at Goa Dismisses Second Appeal in Property Suit — Appellants Not Defendants in Original Suit. The court held that the appellants, who were not parties to the original suit, cannot challenge the decree as they were not defendants and the suit was not collusive.

14 Jan 2020

The case involves a second appeal filed by the appellants, who claimed to be the defendants in Regular Civil Suit No.54/2001. However, upon examinatio...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — High Court Erred in Reversing Concurrent Findings on Bona Fide Purchaser Defence. Transfer of Property Act, 1882 Sections 41 and 52 interpreted; lis pendens applies to transfers during pendency of injunction suit.

1 Jan 2020

The appeal arises from a suit for specific performance of an agreement to sell dated 10.11.2002 for 16 kanals of land for Rs. 8 lakhs, with Rs. 2.50 l...

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