Search Results for "Limitation Act, 1908"

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Gujarat High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit Challenging 1973 Sale Deeds. Plaint Discloses Cause of Action and Limitation is Mixed Question of Fact and Law Under Order VII Rule 11(d) CPC.

The case involves a civil revision application filed by the defendants (applicants) in Regular Civil Suit No.140 of 2022, challenging the order dated ...

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Madras High Court Allows Revision Petition, Sets Aside Executing Court's Order Condoning Delay in Restoration of Execution Petition. Section 5 of Limitation Act, 1963 Held Inapplicable to Order XXI of Code of Civil Procedure, 1908 for Setting Aside Ex-Parte Orders Beyond 30 Days.

The case involves a civil revision petition filed by the legal representatives of the deceased judgment-debtor (Padasaib) challenging an order of the ...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Finding of No Common Property. Suit for partition and separate possession fails as plaintiff failed to prove that suit schedule properties were joint family properties.

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment ...

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High Court of Karnataka Hears Appeals in Partition Suit — Defendants Challenge Partly-Decreed Judgment Under Section 96 CPC; Appeals Clubbed and Heard Together. The Division Bench Considers Whether Trial Court Rightly Granted Plaintiff Partial Relief in Suit for Partition, Declaration, and Injunction.

The judgment dealt with three Regular First Appeals preferred against the judgment and decree dated 18.11.2019 in O.S.No.90/2014 by the II Additional ...

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Karnataka High Court Dismisses Writ Petition by Two Companies Challenging Gratuity Payment Order — Payment of Gratuity Act, 1972. Employee's continuous service under same management entitles him to gratuity despite separate corporate identities.

The petitioners, Varma Industrial Private Limited and IBC Knowledge Park Private Limited, challenged the order dated 31.05.2018 passed by the Assistan...

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Bombay High Court Upholds Mesne Profits Award in Landlord-Tenant Dispute — Rate Fixed at Rs.1,24,099 per Month Based on Expert Evidence. Court Confirms That Mesne Profits Are Determined by Market Rent, Not Controlled Rent, and Interest at 6% p.a. Is Appropriate.

The case involves a dispute between Bata India Limited (the applicant/tenant) and Bindiya Co-operative Housing Society Limited (the respondent/landlor...

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Bombay High Court Dismisses Application for Rejection of Plaint in Adoption and Inheritance Dispute. Court holds that the plaint discloses a cause of action and raises triable issues regarding adoption and limitation, warranting a full trial.

The plaintiff, Usha Ramrao Bhojane, filed a suit seeking a declaration that she is the adopted daughter of the late Laxman Shegaonkar and the late Yam...