Search Results for "decree transfer"

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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...
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Search Results for "decree transfer"

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High Court

Bombay High Court Dismisses Second Appeals by Obstructionists in Execution Proceedings — Purchasers During Pendency of Lis Not Bona Fide. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applies to Execution Proceedings, and Purchasers During Pendency Are Bound by Decree.

12 Mar 2012

The case involves three second appeals arising from execution proceedings. The respondent decree holders (Respondent Nos.1-3) obtained a compromise de...

High Court

Bombay High Court Allows Defendant No.4 to Mortgage Jointly Owned Property to Satisfy Decree — Directs Defendant No.2 to Cooperate or Face Consequences. The court directed a co-owner to join in mortgaging jointly held property to enable another co-owner to raise funds to satisfy a joint decree, noting the co-owner's marginal contribution.

6 Sep 2005

The case involves two Chamber Summonses taken out by Defendant No.4 in execution proceedings arising from Summary Suits. The Plaintiff, M/s. Wolstenho...

High Court

Madras High Court Admits Second Appeal in Partition Suit on Questions of Non-Joinder and Inheritance Under Hindu Succession Act. The First Appellate Court’s Reversal of Trial Court’s Dismissal Is Challenged on Grounds That Impleading Omitted Party in Appeal May Not Cure Non-Joinder and That Inherited Property by Sole Son Becomes Absolute, Disentitling Daughters from Partition.

1 Jul 2026

The dispute arose from a suit for partition filed by two daughters against their father and two purchasers, claiming a 2/3 share in the suit property....

High Court

Karnataka High Court Allows Second Appeal and Remands Suit for Recovery of Possession for Fresh Adjudication; First Appellate Court's Decree Set Aside for Failure to Frame Points for Determination and Properly Prove Wills under Evidence Act.

20 Jul 2017

The case arose from a regular second appeal filed by the legal representatives of the original defendant against the judgment of the first appellate c...

High Court

Bombay High Court Allows Amendment in Specific Performance Suit at Appellate Stage — Scope of 'Any Other Relief' Under Section 22(1)(b) of Specific Relief Act, 1963. The court held that the expression 'any other relief to which he may be entitled' in Section 22(1)(b) permits a plaintiff to amend the plaint at the appellate stage to claim mesne profits as an alternative relief when the suit for specific performance is dismissed.

16 Nov 2022

The petitioner, Shabbir Kankaru Inamdar, filed a suit for specific performance of a contract against the respondents, Mirza Salimbeg Jabbarbeg and Mir...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Concurrent Findings for Failure to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963. The court held that mere production of a cheque during evidence without other proof does not satisfy the requirement of readiness and willingness, and a plaintiff claiming additional payment beyond the agreement must prove it.

30 Sep 2022

The case involves a second appeal arising from a suit for specific performance of an agreement to sell. The appellant, original defendant no.1, challe...

High Court

Bombay High Court Allows Execution Petition Despite Small Causes Court Decree Alleged Without Jurisdiction — Executing Court Cannot Go Behind Decree Under Section 47 CPC. The executing court dismissed the darkhast on the ground that the decree was passed without jurisdiction, but the High Court held that the executing court cannot go behind the decree and must execute it as it is.

2 Aug 2006

The petitioners, decree holders, obtained a decree dated 14.7.1991 in R.C.S. No. 638/94 from the 2nd Additional Small Causes Court, Nagpur. They filed...

High Court

High Court of Karnataka Dismisses Unsuccessful Plaintiff's Regular Second Appeal in Recovery Suit — Suit Barred by Limitation. The court upheld concurrent findings that the suit for recovery of money filed beyond the period of limitation under Article 113 of the Limitation Act, 1963 was not maintainable.

4 Jul 2016

The appellant, Sanna Mallappa, was the plaintiff in a suit for recovery of money filed against the respondent, R.P. Siddeshwarappa, in the Court of Ci...

Supreme Court

Supreme Court Dismisses Appeal Against State, Modifies Decree for Interest in Commission Agent's Lien Case. Mere Possession of Goods as Commission Agent Does Not Create a Pledge, and Voluntary Transfer Without Reservation Extinguishes Lien Under Section 221 of the Indian Contract Act, 1872.

7 Oct 1969

The dispute arose out of a commission agency agreement between the appellant, Ramprasad, and Hetampal Singh, a licence holder for grain distribution i...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Dispute — Upholds First Appellate Court's Declaration of Ownership Based on Adverse Possession and Valid Title. Concurrent findings of fact not interfered with under Section 100 CPC as no substantial question of law arose.

14 Nov 2025

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, by the appellant (defendant in the original su...

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