Search Results for "declaration decree"

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Search Results for "declaration decree"

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High Court

Karnataka High Court Considers Appeal Against Trial Court Decree Holding Sale Deed Not Binding — Power of Attorney Authority Central Issue. Trial Court Decree Under Section 96 CPC Challenged on Grounds of Valid Agency and Sale Agreement.

13 Dec 2023

The High Court of Karnataka, Dharwad Bench, heard a regular first appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment a...

High Court

Bombay High Court Dismisses Summary Judgment Application by ITC in Copyright and Passing Off Suit — Plaintiff's Claims Not Frivolous or Vexatious, Require Trial. The court held that the test for summary judgment under Order XIII-A CPC is stringent and that triable issues existed regarding copyright subsistence and passing off.

11 Jan 2022

The present Interim Application was filed by the Defendant, Indian Tobacco Company (ITC), seeking dismissal of the Plaintiff's claims for copyright in...

High Court

Madras High Court Allows Revision Petition in Partition Suit — Court Fee Dispute Under Section 37(2) of Tamil Nadu Court-Fees and Suits Valuation Act, 1955. Held that when plaintiff seeks declaration of title and cancellation of documents, court fee is computed on the basis of the relief of partition and not on the value of the property.

6 Jan 2026

The case involves a civil revision petition filed by the first defendant in a partition suit challenging the trial court's order regarding court fee. ...

High Court

Bombay High Court Allows Second Appeal in Property Suit, Sets Aside Concurrent Findings of Courts Below. Court Holds That Plaintiffs Failed to Prove Title and Possession Over Suit Property, and That the Trial Court Erred in Decreeing the Suit Without Proper Consideration of Evidence.

30 Nov -0001

The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) over agricultural land. Th...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order in Civil Suit — No Jurisdictional Error Found in Rejection of Application Under Order 7 Rule 11 CPC. The court held that the trial court's order was a plausible view and did not warrant interference under Article 227.

6 Jan 2025

The petitioners, who are defendants in a civil suit, filed a writ petition under Article 227 of the Constitution of India challenging the order dated ...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Specific Performance of Agreement to Reconvey — Upholds Concurrent Findings of Fact That Agreement Was Not Proved. Court holds that the plaintiffs failed to prove the execution and validity of the agreement to reconvey dated 29.06.1986, and that the suit was barred by limitation under Article 54 of the Limitation Act, 1963.

4 Sep 2015

The appellants (plaintiffs) filed a second appeal challenging the decree of the District Judge-5, Pune, which set aside the trial court's decree in th...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below on Joint Family Property and Adverse Possession. The court held that the lower appellate court correctly reversed the trial court's finding on adverse possession as the defendant failed to prove ouster and hostile possession for the statutory period.

26 May 2023

The appellant, defendant No.6 in a partition suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the ...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Partnership Dispute — Court Upholds Award Holding That Partnership Was Dissolved by Consent and That Claims Were Barred by Limitation. The court affirmed the arbitrator's findings that the partnership was dissolved by mutual consent and that the claims were barred by limitation under the Limitation Act, 1963.

15 Jan 2018

The petitioners, nine individuals, filed a writ petition under Article 226 of the Constitution of India challenging an arbitral award dated 30/09/2016...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

9 Oct 2017

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...

High Court

Bombay High Court Dismisses Suit by Condominium Against Developer for Declaration of Rights Over Adjoining Plots as Barred by Limitation. Claims for Easement and Right of Way Held Time-Barred Under Articles 25, 65, and 113 of Limitation Act, 1963.

6 Mar 2017

The Plaintiffs, Beach Towers Condominium and its President, filed a suit in 2012 seeking declarations that they have a right of way and easement over ...

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