Search Results for "Partly Decreed"

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Bombay High Court Allows Appeal by Municipal Corporation in Property Dispute Over Road Widening Compensation. Promise to Sanction Additional FSI Held Not Binding Without Consideration and Formal Approval.

The Thane Municipal Corporation (appellant) appealed against a judgment and decree dated 10.3.2005 passed by the Civil Judge Senior Division, Thane in...

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High Court of Karnataka Partly Allows Partition Appeal in Family Property Dispute — Modifies Trial Court's Decree on Self-Acquired Properties. The court upheld the trial court's finding on joint family property but excluded certain items from partition due to lack of evidence of jointness.

The case involves a partition suit filed by the respondents (daughters and widow) against the appellants (sons) for partition of suit schedule propert...

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Bombay High Court Examines Whether Temporary Injunction to Restrain Alienation Pending Suit is Necessary Despite Section 52 of Transfer of Property Act, 1882. The Court Revisits Its Earlier Decision in Sharad Mor's Case in the Context of Multiple Appeals from Orders Refusing Injunctions.

These appeals raised a common question about the necessity of granting a temporary injunction to restrain a defendant from creating third party intere...

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Supreme Court Upholds Puisne Mortgagee's Right to Sue Separately When First Mortgagee Paid Off Before Sale. Court Reduces Interest from Contractual 12% to 6% Simple Under Order 34 Rule 11 CPC, Emphasizing Discretion to Grant Reasonable Rate.

The dispute concerned a mortgagor's liability to a puisne mortgagee after the prior mortgage was satisfied without sale. The mortgagor had executed th...

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Supreme Court Dismisses Appeal in HR & CE Act Case — Bagyammal Trust Held to be a Specific Endowment. Deed of Settlement dated 4 June 1926 created a public charitable trust for temple purposes, falling under Section 6(19) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

The appeal arose from a judgment of the Madras High Court which reversed the trial court's decree in favor of the appellant. The appellant, W. N. Alla...

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Bombay High Court Dismisses Second Appeal in Summary Suit for Recovery of Balance Consideration Under Agreement for Sale. Court holds that leave to defend cannot be granted on the basis of vague and unsubstantiated allegations of payment in cash, and that the defendant failed to raise a triable issue.

The appellant-defendant, Vikram Trimbak Pawar, entered into an Agreement for Sale dated 23 November 2016 with the respondent-plaintiff, Technocrat Con...