Search Results for "previously instituted suit"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
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Search Results for "previously instituted suit"

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High Court

Gujarat High Court Dismisses Appeal in Property Dispute Over Leasehold Rights and Unauthorized Occupation. Suit for Declaration and Possession Fails as Plaintiff Failed to Prove Title and Adverse Possession.

27 Mar 2026

The present appeal was filed under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 08.10.2024 and 21.10.202...

Supreme Court

Supreme Court Restores Second Appeals in Specific Performance Cases, Emphasizes Liberal Approach to Condonation of Delay and Setting Aside Abatement to Advance Substantial Justice. The Court set aside the High Court's dismissal of substitution and condonation applications, restoring the appeals for hearing on merits.

3 Mar 2025

The Supreme Court of India heard two civil appeals arising from second appeals pending before the Allahabad High Court since 1977. The underlying disp...

Supreme Court

Supreme Court Quashes Conviction in Revision for Murder Due to Statutory Bar Under Section 401(3) CrPC — High Court Exceeded Revisional Jurisdiction by Converting Acquittal into Conviction Without Notice to Accused. The Court held that revisional court cannot convert acquittal into conviction and that proceedings were vitiated for want of notice and abatement of revision upon death of complainant.

10 Jan 2025

The case pertains to an incident dated 13.03.1998 during the Holi festival. Initially, Dharampal lodged a complaint alleging assault by Om Parkash (co...

Supreme Court

Supreme Court Allows Appeal in Electricity Dues Recovery Case — Limitation Under Section 56(2) of Electricity Act, 2003 Not Applicable to Pre-2003 Dues. The Court held that the two-year limitation period under Section 56(2) of the Electricity Act, 2003 does not apply to arrears that accrued before the Act came into force, as the Act is not retrospective.

4 Nov 2024

The case involves a dispute between the Madhya Pradesh Madhya Kshetra Vidyut Vitran Company Limited (appellant), a state electricity distribution util...

Supreme Court

Supreme Court Dismisses Appeal Challenging Abolition of Odisha Administrative Tribunal — Power to Abolish SATs Upheld Under General Clauses Act and Article 323-A. The Court held that the Union Government has the power to abolish a State Administrative Tribunal established under the Administrative Tribunals Act, 1985, and the notification dated 2 August 2019 is valid.

21 Mar 2023

The Supreme Court dismissed an appeal against the Orissa High Court judgment upholding the abolition of the Odisha Administrative Tribunal (OAT). The ...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Appellate Court Erred in Decreeing Suit Without Proper Consideration of Evidence and Limitation. The Court set aside the Appellate Court's judgment and remanded the matter for fresh consideration on the issue of limitation and adverse possession under Section 100 CPC.

26 Aug 2022

The present second appeal arises from a partition suit filed by the respondent-plaintiff, Smt. Ashwathamma, against the appellants-defendants, who are...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Summary Suit Withdrawal Case. Order 23 Rule 1 CPC Requires Express Liberty for Fresh Suit, but Withdrawal Order Did Not Bar Fresh Suit as It Was Not a Judgment.

6 Aug 2019

The case involves a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) filed by the applicants (original defendan...

High Court

Bombay High Court Dismisses Second Appeals in Possession Suit — Lease Deed Not Proved, No Tenancy Rights. Gift Deed Valid, Landlord's Title Not Challenged, Eviction Upheld.

30 Apr 2019

The case involves two second appeals arising from a suit for possession filed by the respondent-landlord against the appellants-tenants. The property ...

High Court

Bombay High Court Allows Writ Petition Challenging Stay Order Under Section 10 CPC — Stay Cannot Be Granted Before Issues Are Framed. The court held that an application for stay under Section 10 CPC is not maintainable unless issues are framed in the suit, as the identity of the matter in issue can only be ascertained after framing of issues.

21 Aug 2013

The petitioner, Mr. Shaikh Hamid Ali Nasir Ali, filed a Writ Petition challenging an order dated 19 January 2013 passed by the learned Judge, City Civ...

High Court

Bombay High Court Dismisses Contractor's Suit for Specific Performance and Allows Society's Counterclaim for Damages in Construction Dispute. Agreement dated 13th March 1978 held valid but not specifically enforceable due to mutual breaches and failure to prove readiness and willingness.

11 May 2012

The judgment concerns two cross-suits between M/s. Shanti Builders (a building contractor) and CIBA Industrial Workers' Co-op. Housing Society Ltd. (t...

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