Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

Bombay High Court Dismisses Petition to Recast Issues in Partition Suit — No Error in Trial Court's Refusal to Frame Additional Issues After Evidence Commenced. The court held that the application for recasting issues was belated and lacked justification under Order 14 Rule 5 CPC.

13 Jan 2022

The case arises from a partition suit filed by Lalasaheb Dattoba Pawar (Respondent No. 1) against several defendants, including Balasaheb Dattoba Pawa...

High Court

Bombay High Court Dismisses Second Appeal in Land Ownership Dispute — Plaintiff Fails to Prove Title by Adverse Possession Against State Forest Department. Continuous possession for over 50 years not sufficient to establish ownership without clear evidence of hostile possession and ouster of true owner.

30 Sep 2019

The appellant, Tanaji Gulabgir Gosavi, filed a second appeal before the Bombay High Court challenging the concurrent judgments of the trial court and ...

High Court

Bombay High Court Dismisses Suit Challenging Income Tax Order for Lack of Jurisdiction Under Section 269UN of Income Tax Act, 1961. Jurisdiction of Civil Court Barred as Appropriate Authority's Order Under Chapter XXC Is Final and Conclusive.

7 Apr 2014

The plaintiff, Sasmita Investments Ltd., filed a suit in the Bombay High Court challenging an order passed by the Appropriate Authority under Chapter ...

High Court

Bombay High Court Dismisses Defamation Suit Against Azim Premji for Lack of Authority to File on Behalf of Company. Managing Director's Authority to Sue Required Board Resolution as per Articles of Association.

12 May 2016

The suit was filed by Subhiksha Trading Services Ltd. (Plaintiff No.1) and its Managing Director R. Subramanian (Plaintiff No.2) against Azim Premji a...

High Court

High Court of Karnataka Allows Appeal Against Injunction Order in Property Dispute — Appellants' Right to Use Property Not Barred by Limitation or Acquiescence. Court holds that temporary injunction cannot be granted based on mere possession without clear legal right and that delay in filing suit does not automatically disentitle relief if substantial rights are involved.

28 Jul 2023

The case involves an appeal filed by the defendants/appellants against an order dated 01.03.2023 passed by the III Additional City Civil and Sessions ...

High Court

High Court of Bombay Admitted a Batch of Appeals from Orders in Property-Related Disputes. The Specific Nature of the Dispute and the Court’s Directions Remain Unclear as the Judgment Text Was Truncated.

12 Dec 2011

The judgment dated 12 December 2011 was delivered by Justice R.M. Borde of the High Court of Bombay (Civil Appellate Jurisdiction). The matter involve...

Supreme Court

Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

7 Aug 2019

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

High Court

Bombay High Court Dismisses Second Appeal in Adverse Possession Case — Appellant Failed to Prove Hostile Possession for Statutory Period. The Court held that mere long possession without animus possidendi does not constitute adverse possession under Section 65 of the Indian Limitation Act, 1963.

6 Apr 2005

The case involves a second appeal before the Bombay High Court arising from a suit for possession filed by the respondent (original plaintiff) against...

High Court

High Court of Karnataka Dismisses Appeal in Declaration Suit — Appellants Fail to Prove Title Over Government Land. Suit for Declaration and Injunction Dismissed as Plaintiffs Could Not Establish Ownership Over Property Claimed by State.

13 Feb 2014

The appellants, legal representatives of the original plaintiff Sri Jayarama Reddy, filed a Regular First Appeal under Section 96 of the Code of Civil...

High Court

Bombay High Court Allows Amendment of Plaints in Commercial Summary Suits for Recovery of Money Lent — Amendments Based on Existing Documents and Admissions of Liability Do Not Introduce New Cause of Action. The court held that since trial had not commenced, the proviso to Order 6 Rule 17 CPC was not attracted, and the amendments were allowed subject to costs.

27 Feb 2024

The judgment concerns three interim applications filed by the original plaintiffs in Commercial Summary Suit No. 13 of 2011, Commercial Summary Suit N...

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