Search Results for "Plaint averments"

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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...
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Search Results for "Plaint averments"

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Supreme Court

Supreme Court Allows Appeal in Trust Administration Dispute — Upholds Grant of Leave Under Section 92 CPC for Scheme Framing. Court holds that trustees with interest in a public charitable trust can maintain a suit for framing a scheme without prior consent under Section 92 CPC if allegations of breach of trust and mismanagement are made.

4 Mar 2020

The Supreme Court allowed the appeal against the High Court's order revoking leave granted under Section 92 of the Code of Civil Procedure, 1908, and ...

High Court

Bombay High Court Dismisses Revision Applications in Specific Performance Suit — Upholds Trial Court's Refusal to Strike Out Pleadings Under Order VI Rule 16 CPC. Court holds that disputed questions of fact regarding readiness and willingness to perform contract cannot be decided at the stage of striking out pleadings and require trial.

19 Mar 2024

The case involves two civil revision applications filed by the defendants (J.P. Realities Pvt. Ltd. and its director Jaiprakash Khushalani, along with...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside for Ignoring Compromise Decree. Plaintiff's Sale Deed Upheld as Valid Despite Prior Partition, as Compromise Decree Confirmed Shankar's Half Share and Right to Sell.

2 Aug 2022

The appellant, Dagdu Rangnath Shingan, filed a second appeal challenging the concurrent findings of the trial court and first appellate court which di...

High Court

Bombay High Court Partially Allows Appeals in Contract Dispute Over Development of Land — Holds That Work Order Constitutes a Contract and That Termination Without Notice Is Invalid Under Specific Relief Act, 1963. The court also held that the suit for damages was barred by limitation as the cause of action arose in 1991 and the suit was filed in 1999.

6 May 2011

The case involves two cross-appeals arising from a judgment and decree dated 13-8-2004 passed by the learned Civil Judge, Senior Division at Mapusa in...

High Court

Bombay High Court Dismisses Appeal Against Decree for Want of Written Statement in Specific Performance Suit. Failure to File Written Statement Despite Repeated Opportunities Justifies Decree Under Order 8 Rule 5(2) and Rule 10 CPC.

16 Aug 2012

The case arises from a suit filed by the respondent (original plaintiff) against the appellants (original defendants) seeking specific performance of ...

High Court

Bombay High Court Dismisses Appeal in Property Dispute Against Municipal Corporation — Suit Barred by Limitation and Res Judicata. Claim for Declaration of Ownership and Injunction Fails as Plaintiff Failed to Prove Title and Suit Was Filed Beyond Limitation Period Under Limitation Act, 1963.

1 Apr 2005

The appeal arises from a suit filed in 1979 by the original plaintiff, Motilal Mahadev Sharma, against the Municipal Corporation of Greater Bombay see...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Repurchase Not Enforceable. Receipt for Reconveyance Does Not Constitute a Valid Contract for Sale Under Section 54 of Transfer of Property Act, 1882, and Suit Barred by Limitation.

24 Sep 2013

The dispute pertains to a suit for specific performance of an alleged agreement to repurchase suit land. The plaintiff, Dattu Kadu Aher, originally mo...

High Court

Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Bona Fide Need of Landlords. Landlords' Requirement of Shop Premises for Advocate Office and Business Held Genuine Under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

24 Apr 2015

The case involves a civil revision application filed by the tenants (applicants) challenging the judgment and decree of the learned District Judge, Pu...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree. First Appellate Court's Reversal Set Aside for Failing to Appreciate Preponderance of Probability and Ignoring Undisputed Title of Appellant Over Part of Suit Property.

23 Oct 2015

The case involves a second appeal filed by Smt. Laxmibai Govind Bhat Korde (appellant) against the judgment and decree of the First Appellate Court wh...

High Court

Bombay High Court Allows Revision Against Rejection of Plaint Rejection Application in Suit for Declaration and Possession — Limitation and Cause of Action Must Be Examined at Threshold Under Order VII Rule 11 CPC

27 Oct 2014

The respondents (original plaintiffs) filed Special Civil Suit No. 691 of 1993 in 2013 seeking a declaration that a sale deed dated 13th December 1978...

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