Search Results for "res judicata not made out"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "res judicata not made out"

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High Court

Bombay High Court Dismisses Revocation Petition in Probate Case — Sisters of Predeceased Wife Not Heirs of Testator Under Indian Succession Act. Court holds that only kindred of the deceased, not kindred of the predeceased spouse, are entitled to citation in probate proceedings.

26 Jul 2018

The case concerns a revocation petition filed by Angelina Pascoal Mendes and Philomena Pascoal Mendes (petitioners) seeking to revoke the grant of pro...

High Court

High Court of Karnataka Dismisses Revision Petition Against Order Holding Partition Suit Maintainable Despite Earlier Compromise Decree. Court Rules That a Compromise Decree Does Not Bar a Fresh Suit for Partition When the Decree Was Not Acted Upon and the Parties Continued in Joint Possession.

21 Jun 2019

The petitioner, defendant No.1 in O.S.No.114/2017, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging ...

High Court

Bombay High Court Dismisses Second Appeal in Property Title Dispute — Upholds Concurrent Findings of Ownership and Rejects Adverse Possession Claim. The court held that the plaintiffs failed to prove continuous hostile possession for 12 years and that the defendants' long-standing possession was permissive, not adverse.

24 Sep 2018

The case involves a second appeal before the Bombay High Court arising from a property dispute. The appellants (defendants) are the legal representati...

High Court

Bombay High Court Dismisses Suit Challenging Will of Deceased as Probate Granted by Dubai Court is Conclusive Under Section 41 of Indian Evidence Act. Mother's challenge to will fails as foreign probate is binding on Indian courts regarding validity and execution of will.

27 Jul 2012

The plaintiff, Dr. Devika Damji Shah, mother of the deceased Dr. Mukesh Ramji Shah, filed a suit seeking a declaration that the will of the deceased d...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses First Appellate Court's Dismissal on Limitation and Order II Rule 2 CPC. Time was not of essence of contract and suit was not barred by limitation or res judicata.

20 Aug 2022

The appellants, original plaintiffs, filed Special Civil Suit No. 51 of 1989 for specific performance of an agreement to sell immovable property again...

High Court

Bombay High Court Allows Writ Petition Challenging Disqualification of Elected Member for Non-Submission of Caste Validity Certificate Within Stipulated Time Under Maharashtra Village Panchayat Act, 1958. Court Held That Disqualification Cannot Be Sustained Where Delay in Issuance of Validity Certificate Was Attributable to the Scrutiny Committee and Not the Candidate.

18 Apr 2023

The petitioner, Archana Shembalwad, was elected as a member of the Village Panchayat Karla, Tq. Umari, District Nanded, in the general election of 201...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Property Suit — Res Judicata and Abuse of Process of Law. The suit property was already decreed in a prior suit confirmed up to second appeal, and the petitioner's fresh suit was held to be barred by res judicata under Section 11 CPC.

27 Mar 2019

The petitioner, Fakkirappa S/o Basavanneppa Tattimani, filed a suit (O.S.No.803/2015) seeking a decree of mandatory and permanent injunction in respec...

High Court

Bombay High Court Quashes Tahsildar's Order Cancelling Mutation Entries in Tenancy Land Dispute — Held That Tahsildar Lacks Jurisdiction to Cancel Certificate Issued Under Section 38(E) of Hyderabad Tenancy Act After 65 Years Without Notice to Affected Parties. The court held that the certificate under Section 38(E) of the Hyderabad Tenancy and Agricultural Land Act, 1950 attains finality and cannot be cancelled by the Tahsildar after such a long lapse of time, and the order was passed in violation of natural justice.

16 Oct 2025

The petitioners, legal heirs of original tenants Ganpati Kundlik Kurule and Abaji Ramji Jadhav, challenged the order dated 04.09.2025 passed by the Ta...

High Court

Bombay High Court Quashes Tahsildar's Order Cancelling Mutation Entries in Tenancy Land Dispute — Exceeds Jurisdiction Under Maharashtra Land Revenue Code. Tahsildar Cannot Cancel Certificate Issued Under Section 38(E) of Hyderabad Tenancy and Agricultural Land Act, 1950, as Such Power Lies Only with Revenue Tribunal or Civil Court.

16 Oct 2025

The petitioners, legal heirs of tenants Ganpati Kundlik Kurule and Abaji Ramji Jadhav, challenged the order dated 04.09.2025 passed by the Tahsildar, ...

High Court

Bombay High Court Allows Petition Challenging Minister's Order Cancelling Bifurcation of Cooperative Society — Upholds Division of Commercial and Residential Buildings Under Section 18 of MCS Act. The court held that the Minister's order was based on erroneous grounds regarding consultation with a non-existent federal society and improper calling of objections, and that the long-standing independent functioning of the bifurcated societies warranted restoration of the bifurcation.

10 Jun 2024

The Bombay High Court allowed a writ petition challenging the order of the Minister under Section 152 of the Maharashtra Co-operative Societies Act, 1...

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