Search Results for "recovery impermissible"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "recovery impermissible"

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Supreme Court

Supreme Court Allows Defendant in Commercial Suit to File Written Statement Despite Expiry of 120-Day Limit Due to COVID-19 Disruptions. Time Limit Under Proviso to Order VIII Rule 1 of Code of Civil Procedure, 1908 as Substituted by Commercial Courts Act, 2015 Extended Considering Orders in Suo Motu Writ Petition (Civil) No. 3 of 2020 and Administrative Curtailment of Court Functioning.

14 Feb 2022

The dispute arose from a commercial suit filed by the plaintiff-respondent against the defendant-appellant for recovery of Rs. 3,73,24,821/- with inte...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

Supreme Court

Supreme Court Allows Civil Suit and Sets Aside High Court Order Rejecting Plaint Under Order 7 Rule 11 CPC. The Court Held That Defendants Cannot Take Contradictory Stands on Jurisdiction Under the Doctrine of Approbate and Reprobate, Preventing the Plaintiff from Being Left Remediless Under Section 257 of the M.P. Land Revenue Code, 1959.

23 Mar 2022

The dispute originated when the plaintiff filed proceedings before the Revenue Authority under Section 250 of the M.P. Land Revenue Code, 1959. The de...

Supreme Court

Supreme Court Allows Decree-Holders' Appeals Against Executing Court's Interim Stay Order in Execution Proceedings. Held That Executing Court Cannot Stay Execution Beyond Order XXI Rule 29 CPC and Must Follow Procedure Under Order XXI Rule 37 CPC Before Arrest.

12 May 2023

The case involves appeals by the decree-holders (appellants) against an interim order dated 29th June 2018 passed by the Principal Sub-Judge, Kottayam...

Supreme Court

Supreme Court Reinstates FIR in Abetment of Suicide Case Against Government Officer. High Court's Quashing of Proceedings Under Section 482 CrPC Set Aside as Allegations in Suicide Note and Complaint Disclosed Prima Facie Offence Under Section 306 IPC Requiring Investigation.

29 Oct 2021

The Supreme Court of India heard criminal appeals arising from the High Court of Karnataka's judgment quashing an FIR and related proceedings under Se...

Supreme Court

Supreme Court Allows Appeals Against Rejection of Plaint Under Order 7 Rule 11 CPC in Mortgage Dispute Between Flat Purchasers and Bank. The court held that a civil suit seeking declaration that a mortgage is not valid and for specific performance of an agreement to purchase flats is not barred under Section 34 of the SARFAESI Act, as the reliefs are outside the jurisdiction of the DRT.

1 Jul 2019

The Supreme Court considered appeals against a common judgment of the Bombay High Court which had allowed notices of motion filed by Axis Bank Ltd. (r...

Supreme Court

Supreme Court Upholds High Court Decision That Solitary Post Cannot Be Reserved — Lecturer in English Post Held Not Amenable to Reservation Under Article 16(4). The Court Affirmed That a Single Post in a Discipline Constitutes a Separate Cadre, and Reservation Requires Plurality of Posts.

28 Nov 2019

The appeal arose from a judgment of the Karnataka High Court which held that the appellant, a Scheduled Caste candidate, could not be appointed to a s...

High Court

Bombay High Court Allows Society's Petition in Slum Rehabilitation Developer Termination Dispute — AGRC's Remand Order Set Aside. The Court held that the Apex Grievance Redressal Committee lacked jurisdiction to interfere with the CEO's order under Section 13(2) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, and restored the termination of the developer.

22 Mar 2024

The Petitioner, Shiv Sai (SRA) Co-operative Housing Society Ltd., challenged an order dated 4 October 2023 passed by the Apex Grievance Redressal Comm...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Mutation Entries Under Maharashtra Land Revenue Code — Mutation Entries Do Not Confer Title and Are Only for Fiscal Purposes. The court held that writ petitions against mutation entries are not maintainable when alternative remedy under Section 247 of MLRC is available.

5 Dec 2023

The judgment involves three writ petitions challenging mutation entries in revenue records. The petitioners in WP 9745/2011, WP 2755/2023, and WP 289/...

High Court

Bombay High Court Quashes Impleadment of Third Party in Specific Performance Suit — Consent Party Without Independent Right or Liability Not Necessary or Proper Party Under Order I Rule 10 CPC. The court held that a third party who is merely a consenting party to an agreement for sale, without any independent right or liability, is neither a necessary nor a proper party to a suit for specific performance, and the plaintiff as dominus litis cannot be compelled to litigate against such a party.

14 Jul 2022

The petitioners, as plaintiffs in Special Civil Suit No. 16 of 2018, sought specific performance of an agreement dated 16.02.2015 for the sale of land...

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