Search Results for "inconsistent pleas"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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Search Results for "inconsistent pleas"

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High Court

Madras High Court Upholds Easement of Necessity Over Cart Track in Partition Dispute Between Brothers. Plaintiff Granted Declaration and Mandatory Injunction for Access to Landlocked Property Under Section 13 of Indian Easements Act, 1882.

10 Apr 2026

The case involves two appeals arising from a suit between two brothers, T.M. Thiruvenkatasamy (defendant) and M.Sundararajan (plaintiff), concerning f...

High Court

Bombay High Court Dismisses Petition to Prevent Proforma Defendants from Leading Evidence in Eviction Suit — Interest Not Adverse Does Not Bar Evidence. The court held that the right to lead evidence is not dependent on the nature of interest but on the court's discretion and the necessity for just adjudication under the Presidency Small Causes Courts Act, 1882.

10 May 2024

The petition challenges an order of the Small Causes Court at Mumbai rejecting the plaintiffs' application to prevent certain defendants (Defendant No...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

Supreme Court

Supreme Court Allows Appeals of Secured Creditors in SARFAESI Act Case — Holds Chief Judicial Magistrate Competent Under Section 14. The Court resolved the conflict among High Courts by interpreting that the CJM can exercise powers under Section 14 of the SARFAESI Act, 2002, for taking possession of secured assets in non-metropolitan areas.

23 Sep 2019

The Supreme Court resolved a conflict among High Courts regarding the interpretation of Section 14 of the Securitisation and Reconstruction of Financi...

High Court

High Court of Karnataka Dismisses Appeal in Property Dispute Between Sisters — Upholds Trial Court's Decree of Declaration and Permanent Injunction. Gift Deed by Father Confers Title to Plaintiff; Defendant's Claim of Adverse Possession Fails as Possession is Permissive.

30 Jun 2015

The case involves a property dispute between two sisters, the appellant (defendant) and the respondent (plaintiff), over a house originally owned by t...

High Court

Bombay High Court Allows Second Appeal in Suit for Possession Based on Title — Sale Deed Found to Be a Sham Transaction Without Consideration. The court held that the respondents failed to prove the sale deed dated 02/01/1991 as required under Section 68 of the Evidence Act, 1872, and Section 54 of the Transfer of Property Act, 1882, and thus the appellants remained the owners entitled to possession.

15 Jan 2014

The appellants, Hausu Dhondba Uike and Ganba Dhondba Uike, owned agricultural field Survey No.110 at village Wai. Due to poor financial condition, the...

High Court

Bombay High Court Allows Amendment of Written Statement Despite Trial Commencement — Liberal Approach Under Order 6 Rule 17 CPC. Amendment Sought to Incorporate Alternative Plea of Ownership Based on Adverse Possession Not Barred by Delay or Lack of Due Diligence.

22 Oct 2013

The petitioners, who were defendants in Regular Civil Suit No. 242/2007, filed an application (Exh. 42) for amendment of their written statement. The ...

High Court

Bombay High Court Allows Appeal Against Dismissal of Amendment Application - Article 137 of Limitation Act Does Not Apply to Amendment of Pleadings Under Order 6 Rule 17 CPC. The court held that the right to apply for amendment arises when the need is discovered, not on filing of written statement, and allowed the amendment to avoid multiplicity of proceedings.

27 Feb 2013

The appeal arose from an order of the Learned Single Judge of the Bombay High Court dismissing a Chamber Summons for amendment of the written statemen...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment and Review in Civil Suit — No Jurisdictional Error Found in Orders Under Order VI Rule 17 and Order 47 Rule 1 CPC. The court held that the trial court correctly applied the due diligence requirement for amendment after trial and that review was not warranted as no error apparent on the face of the record was shown.

6 Feb 2013

The petitioners, who were plaintiffs in Civil Suit No. 34/2009 before the Adhoc District Judge I, South Goa, at Margao, filed a writ petition under Ar...

High Court

Bombay High Court Holds Husband Guilty of Contempt for Wilful Disobedience of Maintenance Order. Non-compliance with Family Court's maintenance order for over two years despite notice of contempt petition amounts to wilful disobedience under the Contempt of Courts Act, 1971.

9 Mar 2006

The contempt petition was filed by the wife, Amita B Devnani, against her husband Bhagwan H Devnani and others, alleging wilful disobedience of an ord...

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