Search Results for "Partly Decreed"

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Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

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High Court of Bombay at Goa Dismisses Appeal in Contract for Supply of Rails — Upholds Decree for Recovery of Amount for Short Supply. Appellant liable to pay Rs.2,71,873/- with interest at 10% per annum from 15-12-1987 for short supply of 16.263 metric tonnes of rails.

The respondent, State of Goa through the Executive Engineer, filed a suit for recovery of Rs.2,71,873/- against the appellant, M/s. H. L. Nathurmal, f...

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High Court of Bombay at Goa Dismisses Second Appeal in Property Ownership Dispute — Appellants Fail to Prove Title. Suit for declaration of ownership and possession dismissed as appellants did not establish lawful ownership of suit property.

The appellants, Anastasio Gomes and Florina Gomes, filed a suit for declaration of ownership and possession of a property known as 'AFORAMENTO SEM DEN...

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Bombay High Court Dismisses Widow's Partition Suit Due to Remarriage Before Hindu Succession Act, 1956 — Section 14 Benefit Not Available to Widow Who Remarried Prior to Act's Commencement

The case involves a second appeal filed by the heirs of the original plaintiff, Sitabai Narhari Rakshe, against the dismissal of her suit for partitio...

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Bombay High Court Allows Second Appeal in Property Dispute Over Restoration of Possession Without Specific Prayer. Court Holds That a Suit for Mandatory Injunction Cannot Be Construed as a Prayer for Restoration of Possession Under Specific Relief Act, 1963.

The case involves a second appeal arising from a property dispute. The respondents (original plaintiffs) filed Regular Civil Suit No.521/1986 before t...

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High Court of Bombay Allows Second Appeal in Service Matter Due to Non-Compliance with Order 41 Rule 31 CPC — Lower Appellate Court Must Frame Points for Determination Even When Affirming Trial Court Judgment.

The case arises from a Second Appeal filed by the original defendants, Barnes School and Bombay Education Society, against the judgment and order date...

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Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside Due to Perversity. Suit for Declaration of Ownership and Injunction Remanded for Fresh Adjudication on Merits.

The present second appeal arises from a suit for declaration of ownership and permanent injunction filed by the original plaintiffs (respondents herei...

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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.

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