Search Results for "Collusive Decree"

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

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High Court

Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Specific Performance Suit — Appellants Failed to Show Sufficient Cause for Non-Appearance Despite Service of Summons.

30 Nov -0001

The case arises from a suit for specific performance of a contract filed by the respondent/plaintiff against the appellants/defendants. The trial cour...

High Court

Bombay High Court Allows Petition in Co-operative Housing Society Dispute — Maintenance Charges Liability Determined by Conveyance Deed. Consent Terms Allegedly Obtained by Fraud Cannot Override Original Conveyance Deed for Two Units.

14 Jul 2005

The petitioner, Dr. Ranjit Ramchandra Upadhyaya, a member of the respondent M/s. Salas Co-operative Housing Society Ltd., filed a writ petition challe...

High Court

High Court of Gujarat Allows Revision, Rejects Plaint in Specific Performance Suit Involving New Tenure Land. Agreement to Sell New Tenure Land Without Collector's Permission is Void Under Section 43 of Gujarat Tenancy and Agricultural Land Act, 1948, and Suit Based on Such Agreement is Barred by Law.

3 Mar 2026

The case involves a Civil Revision Application filed by the original defendants (Dilipbhai Parshottambhai Patel and others) against an order of the le...

High Court

Karnataka High Court Hears Appeals Against Specific Performance Decree in Agricultural Land Sale Agreement Dispute. The dispute involved claims of tampering, cancellation of agreement, and subsequent sales to third parties.

11 Oct 2013

The appeals arise out of a suit for specific performance of an agreement to sell agricultural lands bearing various survey numbers, measuring a total ...

Supreme Court

Supreme Court Allows Waiver of Six-Month Waiting Period Under Section 13B(2) of Hindu Marriage Act in Mutual Consent Divorce Case. Court Holds That Statutory Cooling Period Is Directory and Can Be Waived When Marriage Has Irretrievably Broken Down and Parties Have Been Separated for Over One Year.

13 Dec 2021

The Supreme Court allowed an appeal against the judgment of the Punjab and Haryana High Court which had upheld the Family Court's refusal to waive the...

High Court

Bombay High Court Allows Rejection of Plaint Against Defendant Directors in NSEL Suit for Lack of Averments and Immunity Under IFC Act. The court held that vague allegations without specific averments do not constitute a cause of action, and an IFC employee is immune from suit for official acts under the International Finance Corporation (Status, Immunities and Privileges) Act, 1958.

23 Sep 2015

The Bombay High Court disposed of two notices of motion filed by Defendant Nos. 14 and 15 in a suit by National Spot Exchange Limited (NSEL) against v...

High Court

Bombay High Court Examines Whether Temporary Injunction to Restrain Alienation Pending Suit is Necessary Despite Section 52 of Transfer of Property Act, 1882. The Court Revisits Its Earlier Decision in Sharad Mor's Case in the Context of Multiple Appeals from Orders Refusing Injunctions.

3 Aug 2010

These appeals raised a common question about the necessity of granting a temporary injunction to restrain a defendant from creating third party intere...

Supreme Court

Supreme Court Reverses High Court Order Condoning 1312-Day Delay in Setting Aside Exparte Decree for Specific Performance. Delay Not Explained and Application Found to be an Afterthought.

3 Mar 2025

The case arises from a suit for specific performance of a sale agreement executed in 2013. The plaintiff (appellant) agreed to purchase property joint...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Doctrine of Lis Pendens Applied to Protect Plaintiff's Rights Despite Concurrent Findings of Lower Courts. The Court held that an alienation made during the pendency of a suit is void against the decree-holder under Section 52 of the Transfer of Property Act, 1882, and that the First Appellate Court could not record a finding on fraud and collusion without cross-objections by the defendants under Order 41 Rule 22 CPC.

14 Oct 2024

The dispute arose from an agreement to sell dated 17.08.1990 executed by defendant no. 1 (Janraj Singh) in favour of the plaintiff (Daljit Singh) for ...

High Court

High Court of Bombay at Goa Dismisses Second Appeal in Property Suit — Appellants Not Defendants in Original Suit. The court held that the appellants, who were not parties to the original suit, cannot challenge the decree as they were not defendants and the suit was not collusive.

14 Jan 2020

The case involves a second appeal filed by the appellants, who claimed to be the defendants in Regular Civil Suit No.54/2001. However, upon examinatio...

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