Search Results for "nullity plea"

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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 Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not B...

Search Results for "nullity plea"

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High Court

Bombay High Court Allows Compromise Decree in Property Suit Despite Third-Party Intervention Claim — Consent Terms Binding on Parties, Intervener's Rights Not Affected. The Court held that a compromise between the original parties does not affect the rights of a third party claiming independent title, and such third party need not be impleaded in the suit.

29 Nov 2024

The judgment arises from a suit filed by Vinesh Rashmikant Shah and others (Plaintiffs) against Pee Jay Traders and others (Defendants) concerning dis...

Supreme Court

Supreme Court Upholds High Court's Discretion to Allow Replication in Election Petition — Clarification of New Facts Not Barred Under Representation of Peoples Act, 1951. The Court held that a replication filed to controvert new facts in the written statement is permissible and does not introduce time-barred grounds.

8 May 2024

The appeal arose from an order of the High Court of Manipur granting leave to the election petitioner (first respondent) to file a replication in resp...

High Court

High Court of Judicature at Bombay Allows Writ Petition Challenging Mutation Entry in Revenue Records — Dispute Over Inheritance and Partition of Agricultural Land. Court holds that mutation entries do not confer title and that the civil court is the appropriate forum for adjudication of title disputes under Section 6 of the Specific Relief Act, 1963.

15 Nov 2022

The petitioners, legal representatives of the original deceased Sayyad Dagdu, filed a writ petition challenging the mutation entry made in the revenue...

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 ...

High Court

Bombay High Court Allows Appeal by Municipal Corporation in MRTP Act Notice Case — Notice Under Section 89 MRTP Act Held Valid and Not Barred by Limitation. The Court set aside the trial court decree declaring the notice invalid, finding that the notice was within limitation but the suit was premature.

14 Jan 2020

The appellant, Municipal Corporation of Greater Mumbai, filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908 against the oral ju...

High Court

Bombay High Court at Goa Dismisses Petition Challenging Execution Proceedings Order in Eviction Case — Upholds Trial Court's Discretion to Appoint Commissioner for Possession Delivery Under Order 21 Rule 35 CPC. The High Court held that the trial court's order appointing a commissioner to deliver possession did not suffer from any jurisdictional error or perversity warranting interference under Article 227 of the Constitution.

29 Mar 2019

The petitioners, original defendants in a suit, challenged an order dated 06/05/2018 passed by the Civil Judge, Panaji in Execution Proceedings. The t...

High Court

High Court of Bombay at Goa Dismisses Revision Against Execution Orders — Decree Holder Entitled to Possession Despite Alleged Non-Joinder of Necessary Parties. Execution Court Cannot Go Behind Decree; Objections Under Section 47 CPC Not Maintainable.

14 Mar 2019

The applicants (judgment-debtors) filed a civil revision application challenging two orders dated 31/07/2018 and 30/10/2018 passed by the Senior Civil...

High Court

High Court of Bombay at Goa Considers Appeal Challenging Reference Court's Compensation Award to Legal Heirs in Land Acquisition Dispute. The Appellate Court Examines Res Judicata Plea from Earlier Eviction Suit and the Applicability of Section 30 of the Land Acquisition Act, 1894.

22 Jun 2017

This first appeal arose from a dispute over the apportionment of compensation for an acquired house in Goa. The appellant, Shantabai L. Parkar, claime...

High Court

Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

4 Apr 2013

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

High Court

High Court of Judicature at Bombay, Aurangabad Bench Dismisses Husband's Appeal Against Order to Return Stridhan — Belated Objection to Territorial Jurisdiction Not Maintainable Without Failure of Justice. Suit for Recovery of Stridhan Filed by Wife Under Specific Relief Act at Her Place of Residence After Separation Held Not Barred as Objection Not Raised Before Settlement of Issues.

12 Dec 2006

The matter arose from a petition filed by the wife before the Family Court, Aurangabad, seeking recovery of her stridhan articles worth Rs. 1,37,450, ...

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