Search Results for "interlocutory"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "interlocutory"

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High Court

High Court of Karnataka Dismisses Writ Petition in Trademark Infringement Case, Upholds Trial Court's Refusal to Stay Suit Pending Rectification. Civil Court Has Concurrent Jurisdiction to Decide Infringement and Validity of Trademark Under Section 124 of Trade Marks Act, 1999.

13 Sep 2024

The petitioners, M/s. Sri Laxmi Balaji Industries and M/s. Sri Laxmi Vinayaka Rice Industries, filed a writ petition under Articles 226 and 227 of the...

High Court

High Court of Karnataka Allows Appeal in Property Suit — Rejection of Plaint Under Order VII Rule 11 CPC Set Aside. Court holds that a suit for declaration and injunction is not barred by limitation when the plaintiff is in possession and the cause of action is continuous.

15 Nov 2024

The appellant, defendant Nos.1 to 3 in the original suit, challenged the order of the First Appellate Court which had set aside the Trial Court's orde...

High Court

High Court of Karnataka Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Section 16 of the Court Fees Act, 1870 Applicable. The court held that the DRT erred in rejecting the refund application without considering Section 16 of the Court Fees Act, 1870, which provides for refund when a case becomes infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India before...

High Court

High Court of Karnataka Allows Appeal in Property Suit — Rejection of Plaint Under Order VII Rule 11 CPC Set Aside. Court holds that a suit for declaration and injunction is not barred by limitation when the plaintiff is in possession and the cause of action is continuous.

15 Nov 2024

The appellant, defendant Nos. 1 to 3 in the original suit, challenged the order of the First Appellate Court which had reversed the Trial Court's orde...

High Court

High Court Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Court Fees Act, 1870 Section 13. The Debt Recovery Tribunal has inherent power to order refund of court fees under Section 13 of the Court Fees Act, 1870 when the main petition is disposed of as infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

Supreme Court

Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

15 May 2026

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

Supreme Court

Supreme Court Allows Appeal in Partition Execution Dispute — Preliminary Decree Held Executable Despite Pendency of Final Decree Proceedings. The Court restored execution proceedings under Order 20 Rule 18 CPC, emphasizing that a preliminary decree in a partition suit is executable even before the final decree is passed.

1 Jan 2026

The appellant, Jennifer Messias, and her husband Peter Messias purchased a flat in Jabalpur in 1991. They were judicially separated in 2003, confirmed...

High Court

Bombay High Court Quashes Appellate Injunction in Municipal Corporation Land Dispute — Adverse Possession Claim Requires Strong Prima Facie Evidence of Hostile Possession and Ouster of True Owner. The court held that a claim of adverse possession against a municipal corporation must be supported by clear evidence of hostile possession and that public interest outweighs private claims in such cases.

27 Apr 2026

The case involves a dispute between the Kolhapur Municipal Corporation (petitioner/defendant) and Dattatraya Vithoba Aatyalkar (respondent/plaintiff) ...

High Court

High Court of Karnataka Allows Writ Petition in Excise License Transfer Dispute — Partnership Dispute Requires Civil Court Adjudication. Karnataka Appellate Tribunal's Order Quashed as Excise Authorities Cannot Summarily Reject Transfer Application Without Adjudicating Partnership Dispute.

8 Feb 2023

The petitioner and respondent were partners in the firm M/s. Marthanda Enterprises, constituted under a Partnership Deed dated 15.12.2010. The firm ru...

High Court

High Court of Karnataka Allows Husband's Petition for Joint Custody of Minor Daughter in Family Court Dispute — Emphasizes Welfare of Child as Paramount Consideration Under Guardian and Wards Act, 1890. The court set aside the Family Court's order rejecting joint custody and remanded for fresh consideration, holding that joint custody can be granted to ensure both parents have meaningful access to the child.

5 Apr 2023

The petitioner, Mr. Joseph Kevin Selvadoray, husband of the respondent Shabana Bukht, filed a writ petition under Article 227 of the Constitution of I...

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