Search Results for "decree transfer"

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Search Results for "decree transfer"

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Supreme Court

Supreme Court Sets Aside High Court Order Rejecting Plaint Under Order VII Rule 11 CPC in Title Suit. The Court held that the plaint could not be rejected on limitation grounds as it required consideration of entire averments, and the suit for declaration and injunction under Section 53A of the Transfer of Property Act was maintainable for trial.

14 Mar 2022

The appeal arose from a dispute where the original plaintiffs filed a title suit seeking declaration of right, title, and interest in property under S...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

19 Jun 2019

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

High Court

"Bombay High Court Dismisses Chamber Summons Filed to Introduce Additional Evidence in Appeal Related to Specific Performance" "Court emphasizes the discretionary nature of Order 41 Rule 27 CPC and deters misuse aimed at prolonging litigation."

20 Dec 2024

The Bombay High Court dismissed a Chamber Summons filed under Order 41 Rule 27(1)(aa) of the CPC by the Appellants seeking to produce additional evide...

High Court

High Court of Judicature at Bombay, Aurangabad Bench Hears Second Appeals by Original Plaintiff Against First Appellate Court's Decision Declaring Mutation Entries Legal and Binding in a Partition Suit. The Core Issue Involves the Validity of Mutation Entries Under Maharashtra Land Revenue Code, 1966 and Limitation for Challenging Transactions Dating to 1973.

29 Apr 2019

The matter pertained to a partition suit filed by the original plaintiff, the first wife of deceased Shankarrao Budhwant, against his alleged second w...

Supreme Court

Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

20 Aug 2019

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Impleadment of Purchaser Pendente Lite. Order 1 Rule 10 CPC Impleadment Proper as Purchaser is Necessary Party to Avoid Multiplicity of Proceedings.

21 Mar 2023

The petitioner, Fabrica Da Igreja De Vasco, purchased the suit property from the original defendant No.1 during the pendency of a suit filed by respon...

High Court

Bombay High Court Dismisses Second Appeal of Co-operative Society in Rent Control Ejectment Suit — Society Not Entitled to Protection Under Maharashtra Rent Control Act, 1999 as Paid-up Capital Exceeds Rs.1 Crore. Civil Court Has Jurisdiction to Try Suit for Ejectment Where Tenant is Exempted from Rent Act.

25 Apr 2024

The dispute pertains to a suit property located on the first floor of a building in Kolhapur, originally owned by Ramrao Mahadev Misal and leased to S...

High Court

Bombay High Court Dismisses Revision by Tenant Company in Eviction Suit Based on Landlord's Reasonable and Bonafide Requirement. Transfer of Shares by Tenant Company to Co-owner Does Not Constitute Subletting Under Section 16(1)(e) of Maharashtra Rent Control Act, 1999.

30 Aug 2006

The case involves a civil revision application filed by the tenant company (M/s V. Prabha & Co. Pvt. Ltd.) and another party against the judgment and ...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Confirms Findings on Default, Subletting, and Bonafide Requirement. Tenants Failed to Comply with Section 15(3) of Maharashtra Rent Control Act, 1999 and Unlawfully Sublet Premises.

20 Dec 2024

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by the original defendants (tenants) chal...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Dispute Between Brothers — Sale Deed Held Valid and Binding. Plaintiff Failed to Prove Agreement of Sale and Possession, Suit for Specific Performance Barred by Limitation.

29 Mar 2016

The plaintiff, Sri Ramakrishnappa, filed a second appeal against the concurrent judgments of the trial court and the first appellate court dismissing ...

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