Search Results for "legal representatives substitution"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
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Search Results for "legal representatives substitution"

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High Court

High Court of Karnataka Dismisses Petition Seeking Abatement of Suit Under Order 22 CPC - Petitioner Failed to Prove Death of Plaintiff Before Suit Was Re-Filed. The Court held that abatement under Order 22 CPC does not apply when the plaintiff dies before the suit is re-filed, and the burden of proving non-impleadment of legal representatives within limitation lies on the party alleging abatement.

25 Sep 2025

The petitioner, Sri Chetan P Tayal, who was the defendant No.2 in O.S. No.96/2015 (originally O.S. No.19/2010) pending before the Additional Senior Ci...

Supreme Court

Supreme Court Allows Appeals in Eviction Case Based on Sub-tenancy Under Bombay Rents Act — Tenant's Partnership and Assignment Agreements Prove Unauthorized Transfer of Possession. The Court held that the tenant's execution of a partnership agreement and an assignment agreement with a third party constituted parting with possession under Section 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947.

18 Mar 2025

The case involves a dispute between the legal representatives of the original landlords (appellants) and the tenant (respondent) over eviction from le...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Case — Assignment of Contractual Rights Requires Consent of Original Party. The Court held that assignees cannot enforce specific performance against original owners without their consent, as the original vendees' rights were extinguished by withdrawal of suit and cancellation of agreement.

25 Nov 2019

The case involves four suits for specific performance filed by Respondent Nos. 1 (assignees) against the Appellants (original owners) based on agreeme...

High Court

Bombay High Court Dismisses Tenants' Revision in Eviction Suit Based on Bona Fide Requirement — Concurrent Findings of Courts Below Upheld. Subsequent Induction of New Tenant in Adjacent Shop Not Relevant as It Was Not Part of Suit Property.

6 Sep 2019

The case involves a suit for eviction filed by the owners (plaintiffs) against the tenants (defendants) in respect of two shops, on the ground of bona...

High Court

High Court of Karnataka Allows Second Appeal in Suit for Permanent Injunction — Lower Appellate Court's Finding of Easement by Prescription Set Aside as Perverse. The plaintiff failed to prove continuous user for 20 years as required under Section 15 of the Indian Easements Act, 1882, and the lower appellate court's judgment was based on misreading of evidence.

23 Apr 2016

The case involves a suit for permanent injunction filed by the respondent-plaintiff, M. Girija, against the original defendant, Angadi Srinivas (since...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Appellate Order in Civil Suit — Rejection of Substitution Application Set Aside for Lack of Proper Enquiry. The appellate court's direction to hold an enquiry under Order 22 Rule 3 CPC was upheld as the trial court had failed to conduct a proper enquiry into the legal heirship claim.

22 Jun 2015

The petitioner, Manjula, was the defendant in a civil suit (O.S. No.364/2011) filed by Basappa for declaration and permanent injunction. During the pe...

High Court

High Court of Karnataka Upholds Constitutional Validity of Explanation to Section 6(5) of Hindu Succession (Amendment) Act, 2005 — Partition by Execution of Registered Deed or Court Decree is Valid and Not Unconstitutional. The court held that the Explanation defining partition as only by registered deed or court decree is within legislative competence and does not violate fundamental rights.

19 Feb 2015

The petitioners, legal representatives of the original petitioner Puttalinganagouda @ Veeranagouda B Patil, filed a writ petition under Articles 226 a...

High Court

High Court of Karnataka Upholds Constitutional Validity of Explanation to Section 6(5) of Hindu Succession (Amendment) Act, 2005 — Partition by Execution of Registered Deed or Court Decree Held Valid. The Explanation defining 'partition' as only by registered deed or court decree is not arbitrary or violative of Articles 14, 15, or 21 of the Constitution.

19 Feb 2015

The petitioners, legal representatives of the deceased original petitioner, filed a writ petition under Articles 226 and 227 of the Constitution of In...

High Court

Bombay High Court Allows Appeal Against Remand Order in Partnership Dispute — Unregistered Partnership Bar Under Section 69(2A) of Indian Partnership Act, 1932 Applies to Suit for Accounts and Dissolution. The court held that the trial court must frame and decide the preliminary issue of maintainability under Section 69(2A) before proceeding with the suit.

11 Jul 2011

The appeal arose from a suit filed by the plaintiff (Respondent No.1) against the defendants (Appellants) seeking accounts and dissolution of an unreg...

High Court

Bombay High Court at Goa Dismisses Petition Challenging Appointment of Court Receiver in Partnership Dispute. Appointment of Receiver Upheld as Proper Exercise of Discretion Under Order 40 Rule 1 CPC in a Suit for Dissolution of Partnership.

26 Jul 2010

The petitioners, who were defendants in a suit for dissolution of partnership and accounts, challenged the appointment of a Court Receiver over the pa...

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