Search Results for "Plaint averments"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Plaint averments"

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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...

High Court

High Court of Karnataka Dismisses Petition for Correction of Decree After 17 Years — Amendment Sought to Change Survey Number in Judgment and Decree Rejected as Barred by Res Judicata and Lack of Jurisdiction Under Section 152 CPC. The court held that the correction of a clerical error under Section 152 CPC cannot be used to alter the subject matter of a suit that has been finally adjudicated.

6 Sep 2018

The petitioner, Parashuram, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 30.08.2016 passed by the ...

High Court

Bombay High Court Allows Second Appeal in Succession Dispute Over Muslim Property — Appellants' Claim to Inherit as Heirs of Deceased Upheld. Court held that the trial court and first appellate court erred in dismissing the suit for partition and possession without properly considering the evidence of relationship and the applicability of Muslim personal law.

30 Nov -0001

The case involves two second appeals arising from a suit for partition and possession filed by the appellants, who claimed to be the legal heirs of th...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Property Dispute — No Grounds for Interference Under Section 34 of Arbitration Act as Findings Are Not Perverse or Contrary to Public Policy.

30 Nov -0001

The case involves a challenge to an arbitral award passed in a dispute over an agreement to sell immovable property. The petitioners (claimants before...

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