Search Results for "declaratory"

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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 "declaratory"

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High Court

Bombay High Court Dismisses Petition Challenging Cooperative Society's Resolution for Non-Compliance with Bye-Laws and Natural Justice. Members' Rights to Challenge Resolution Upheld but Petition Fails on Merits Due to Failure to Exhaust Internal Remedies and Lack of Evidence of Violation of Maharashtra Cooperative Societies Act, 1960.

5 Dec 2025

The petitioners, Nitin Kantilal Gandhi and Apurva Ashwin Desai, filed a writ petition under Article 226 of the Constitution of India before the Bombay...

High Court

Bombay High Court Upholds Eviction Decree in Landlord-Tenant Dispute — Bona Fide Requirement of Landlord's Heirs Considered Despite Death of Original Plaintiff. The Court held that the Appellate Bench of Small Causes Court correctly reversed the Trial Court's dismissal and decreed eviction on ground of bona fide requirement, as the need of the landlord's family continued through his legal heirs.

25 Oct 2024

The case involves a landlord-tenant dispute over a shop premises in Mumbai. The original plaintiff, Shamrao Dinanath Bhatte, was the tenant of Shop No...

High Court

Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

17 Oct 2024

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

Supreme Court

Supreme Court Upholds Appellant's Absolute Ownership in Hindu Succession Dispute Over Limited Estate Under Will. The Court held that a limited life interest conferred by a Will falls under Section 14(2) of Hindu Succession Act, 1956, preventing expansion to absolute ownership, and applied res judicata to bar re-litigation of previously adjudicated matters.

1 Feb 2022

The dispute arose from a Will dated 15.4.1968 by Tulsi Ram, who died on 17.11.1969, bequeathing property in Village Jundla, Haryana, to his son (the a...

Supreme Court

Supreme Court Allows Appeal in Civil Revision Against Abatement of Suit for Declaration of Hereditary Chiefship — Legal Representatives Brought on Record in Interlocutory Appeal Enure for Entire Suit. The Court held that the High Court erred in holding that the civil miscellaneous appeal abated due to abatement of the main suit, ignoring that the appellant had been brought on record in the appeal within time, and the principle of Rangubai applies.

1 Jan 2022

The Supreme Court allowed an appeal against the High Court's order in a civil revision petition. The dispute concerned the hereditary chiefship (Khull...

Supreme Court

Supreme Court Dismisses Appeals of Degree Holders in Junior Engineer Recruitment Dispute - Upholds High Court's View that Degree is Not Higher Qualification than Diploma Under Recruitment Rules. The Court held that a degree in Electrical Engineering cannot be considered a higher qualification than a diploma for the post of Junior Engineer (Electrical) as per the Himachal Pradesh State Electricity Board Recruitment and Promotion Regulations, where the essential qualification is specifically a diploma.

7 Apr 2021

The Supreme Court addressed appeals concerning the eligibility of degree holders for appointment to the post of Junior Engineer (Electrical) in the Hi...

High Court

Bombay High Court Allows Writ Petition Challenging Stay of Eviction Suit Under Section 10 CPC — Jurisdictional Difference Between Small Causes Court and Civil Court Precludes Stay. The Court held that a suit for eviction under the Provincial Small Cause Courts Act, 1887 and Maharashtra Rent Control Act cannot be stayed under Section 10 CPC pending a prior declaratory suit before a Civil Court under Section 9 CPC, as the matters in issue are not directly and substantially the same.

5 Aug 2020

The petitioner, Rahul Subhash Bothra, filed Regular Civil Suit No. 41 of 2015 before the Civil Judge Junior Division, Ghodnadi, Shirur, Pune, seeking ...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Eviction Order in Caretaker Agreement Dispute. Licensee Not Entitled to Tenancy Protection Under Section 15A of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 as Agreement Was Not Bona Fide.

12 Jun 2006

The case involves a dispute over Flat No.5, Sagar Mahal, Walkeshwar Road, Mumbai. The respondent, Dr. G.S. Shah, a medical doctor employed with Centra...

High Court

Bombay High Court Dismisses Developer's Petition Challenging City Civil Court Jurisdiction in Tenant Eviction Suit. Agreement for Sale and Power of Attorney Do Not Create Landlord-Tenant Relationship Under Bombay Rent Act, 1947, Section 28.

15 Dec 2005

The present writ petition challenged an order dated 9.8.2005 passed by the City Civil Court, Bombay, on a preliminary issue of jurisdiction in L.C. Su...

High Court

Bombay High Court Allows Tenant's Petition in Rent Control Eviction Dispute — Landlord's Bonafide Need Not Established. Tenant's Right to Retention Upheld Under Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 as Landlord Failed to Prove Genuine Requirement and Tenant Would Suffer Greater Hardship.

30 Nov -0001

The case involves a dispute between the legal heirs of the original landlord (petitioners) and the tenant (respondent) over eviction from a premises g...

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