Search Results for "reference under Section 113 CPC"

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High Court of Gujarat Allows Revision, Rejects Plaint in Specific Performance Suit Involving New Tenure Land. Agreement to Sell New Tenure Land Without Collector's Permission is Void Under Section 43 of Gujarat Tenancy and Agricultural Land Act, 1948, and Suit Based on Such Agreement is Barred by Law.

The case involves a Civil Revision Application filed by the original defendants (Dilipbhai Parshottambhai Patel and others) against an order of the le...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit Challenging Tahsildar's Order for Approach Road. Suit for Perpetual Injunction Not Barred Despite Exhaustion of Appeal Remedy Under Section 143(3) of Maharashtra Land Revenue Code, 1966.

The case arises from a dispute over an approach road granted by the Nayab Tahsildar, Latur, under Section 143 of the Maharashtra Land Revenue Code, 19...

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Supreme Court Dismisses State's Challenge to Lotteries Regulation Act Provisions as Unconstitutional. Court upholds Sections 5, 6, 7, 8, 9 of Lotteries (Regulation) Act, 1998 and Rule 5 of Lotteries (Regulation) Rules, 2010 as valid and within legislative competence.

The State of Meghalaya filed Original Suit No. 1 of 2021 in the Supreme Court of India under Article 131 of the Constitution, challenging the constitu...

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Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...

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Bombay High Court Allows Revision of Examination Order in Civil Suit — Right to Begin Evidence Not Absolute. Order 18 Rule 1 CPC permits court to direct which party shall begin, but such order can be reconsidered if circumstances change or if earlier order was passed without hearing the other side.

The petitioners, original defendant nos.1, 2, and 3 in Regular Civil Suit No.273/2013, challenged the order dated 15.10.2018 passed by the Civil Judge...

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Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

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Bombay High Court Dismisses State Appeal Against Maintainability of Suit Challenging Slum Acquisition Proceedings. Suit for Declaration of Title and Injunction Held Maintainable Despite Bar Under Section 42 of Maharashtra Slum Areas Act, 1971.

The State of Maharashtra appealed against an order dated 12 April 2016 passed by a learned Single Judge of the Bombay High Court in Suit No.2862 of 20...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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Bombay High Court Rejects Plaint Against Foreign Sovereign in Suit for Damages Due to Lack of Consent Under Section 86 CPC. Suit Against Queen of Netherlands Dismissed as Foreign Sovereign Immune from Suit Without Central Government Consent.

The original plaintiff, S.K. Dhondy, proprietor of M/s. S.K. Dhondy & Co., owned a vessel m.v. "SKD-I" which was chartered to Dredging Corporation of ...