Search Results for "Partly Decreed"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Partly Decreed"

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High Court

Bombay High Court Allows Appeal Against Remand Order in Encroachment Suit — Remand for Remeasurement Without Setting Aside Trial Court's Findings on Evidence Held Impermissible Under Order 41 Rule 23 CPC. First Appellate Court Cannot Order Fresh Measurement to Fill Gaps in Plaintiff's Case.

23 Jun 2017

The appellant, original defendant in a suit for removal of encroachment, challenged the order of the District Judge-3, Yavatmal, dated 05/07/2016 in R...

High Court

Bombay High Court Partially Allows Arbitration Petition Challenging Arbitral Award in Land Acquisition Compensation Dispute. Court holds that arbitrator erred in rejecting claim for interest on delayed payment of compensation and in not awarding solatium under the Land Acquisition Act, 1894.

21 Mar 2018

The petitioners, Kekobad Dossabhoy Doongriwalla and Khorshed Navzar Wadia, filed an arbitration petition under Section 34 of the Arbitration and Conci...

High Court

Bombay High Court Allows Daughter's Appeal in Partition Suit — Daughter Entitled to Coparcenary Rights Under Section 6 of Hindu Succession Act, 1956 as Amended. The court held that the daughter, as a coparcener by birth, has a right to claim a share in ancestral property, and the appellate court's denial was erroneous.

28 Jun 2018

The appellant, Shobha Purushottam Zilpe, the original plaintiff, is the daughter of Dadaji and sister of defendant No.1. She filed a suit for partitio...

High Court

Bombay High Court Dismisses Civil Revision Against Order Rejecting Application to Set Aside Ex-Parte Decree in Suit for Declaration and Injunction. Court holds that the Trial Court's refusal to set aside ex-parte decree was justified as the defendants failed to show sufficient cause for non-appearance and the application was filed beyond limitation.

29 Oct 2018

The petitioners, who were the original defendants in Regular Civil Suit No. 42/2014/B, filed a Civil Revision Application under Section 115 of the Cod...

High Court

Bombay High Court Allows Trust's Suit for Possession of Agricultural Land, Upholds Title and Rejects Adverse Possession Claim. The court held that a suit filed by a trustee with authorization from all trustees is maintainable and that permission of the Charity Commissioner is not necessary for a trustee to file a suit.

19 Dec 2018

The case involves a second appeal by the original defendants against the decree of the first appellate court which reversed the trial court's dismissa...

High Court

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Partition Suit — No Interference Under Article 227 as Findings of Fact Are Not Perverse. Court Held That Rejection of Plaint Under Order 7 Rule 11 CPC Is Not Applicable When Suit Is Not Barred by Law and Issues Require Trial.

30 Nov -0001

The present writ petition under Article 227 of the Constitution of India was filed by the legal heirs of the original defendant No.1 (Manohar Ramchand...

High Court

High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

18 Jan 2019

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...

High Court

High Court of Karnataka Allows Partition Appeal, Remands Suit for Fresh Consideration on Issue of Joint Family Property. The trial court's decree was set aside due to improper appreciation of evidence and failure to frame proper issues regarding the nature of the suit properties.

4 Apr 2017

The appeal arises from a judgment and decree dated 30.11.2006 passed by the Principal Civil Judge (Sr.Dn.), Dharwad, in O.S.No.242/2003, decreeing the...

High Court

High Court of Karnataka Allows Appeal in Part in Recovery Suit — Suit Against Guarantors Barred by Limitation. The court held that the cause of action against guarantors arose on the date of the loan agreement, not the promissory note, and the suit filed after three years was barred under Article 55 of the Limitation Act, 1963.

26 Jul 2017

The appeal was filed by defendant Nos.3 to 6 (guarantors) against the judgment and decree dated 13.12.2010 passed by the I-Additional Senior Civil Jud...

High Court

High Court of Karnataka Dismisses Revision Petition in Property Dispute — Rejection of Plaint Application Under Order VII Rule 11 CPC Upheld. Court holds that the plaint discloses a cause of action and the suit is not barred by limitation, as the plaintiffs claimed possession based on their father's death prior to the Hindu Succession Act, 1956.

9 Dec 2016

The petitioners (defendants in the trial court) filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challengi...

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