Search Results for "Plaint averments"

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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 "Plaint averments"

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High Court

High Court of Bombay Hears Appeal Against Order in Execution Proceedings; Permits Power of Attorney Holder to Argue. Execution of Decree for Possession in Specific Performance Suit Involves Third Party Rights.

7 Oct 2005

This appeal under Clause 15 of the Letters Patent read with Order XXI Rule 103 of the Code of Civil Procedure, 1908, challenged the order of a learned...

High Court

Bombay High Court Upholds Appointment of Court Commissioner in Perpetual Injunction Suit — Review Rejected as Not Maintainable. The court held that appointment of a Court Commissioner under Order 26 Rule 9 CPC is a procedural order not amenable to review under Order 47 Rule 1 CPC, and that the trial court did not exceed its jurisdiction in appointing a commissioner to ascertain the identity and extent of the suit property.

28 Aug 2019

The petitioners, defendants in Regular Civil Suit No.98 of 2008, challenged two orders passed by the 5th Joint Civil Judge, Junior Division, Pune: (1)...

High Court

Bombay High Court Allows Specific Performance Appeal Despite Unproven Part Payment. Failure to Prove Payment of Rs.300 Does Not Justify Refusal of Specific Performance When Plaintiff Shows Readiness and Willingness.

14 Jan 2005

The appellant-plaintiff filed a suit for specific performance of an agreement for sale dated 6th June 1974, whereby the respondent-defendant agreed to...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Upholds Trial Court Decree for Execution of Sale Deed. Agreement of Sale Dated 02.08.2007 Proved by Plaintiff; Defendants Failed to Discharge Burden of Proof Under Section 16(c) of Specific Relief Act, 1963.

13 Jun 2024

The appellants (defendants) challenged the judgment and decree dated 20.10.2012 passed by the Senior Civil Judge, Channarayapatna, in O.S. No. 4/2008,...

High Court

High Court of Karnataka Allows Appeal in CPC Case — Order 43 Rule 1(a) — Setting Aside Order Dismissing Application for Impleading Legal Representatives. The court held that the lower appellate court must consider sufficient cause for delay and the possibility of proceeding against other respondents before dismissing an application for impleading legal representatives.

14 Nov 2018

The appellant, Smt M Veena, filed a Miscellaneous First Appeal under Order 43 Rule 1(a) of the Code of Civil Procedure, 1908, challenging an order dat...

High Court

High Court of Karnataka Dismisses Plaintiff's Writ Petition in Specific Performance Suit — Rejection of Notice to Admit Documents Upheld. Trial Court's Discretion Under Order XII Rule 2 CPC Not Interfered With as Plaintiff Failed to Show That Documents Were Admitted or That Rejection Caused Prejudice.

6 Dec 2017

The petitioner-plaintiff filed a suit for specific performance of a contract for sale of property, seeking to direct the defendants to accept the bala...

High Court

Bombay High Court Hears Civil Revision Against Wakf Tribunal's Declaration of Mutawali and Permanent Injunction. Revision Applicant Contests Jurisdiction of Wakf Tribunal to Decide Mutawali Status Under Hyderabad Atiyat Inquiries Act, 1952.

22 Aug 2013

Background: The dispute revolves around the management and control of a wakf property, Dargah Hazrat Mansoor Shah Wali in Beed. The plaintiff claimed ...

High Court

Bombay High Court Addresses Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Scope of Order XLI Rule 22 CPC in Second Appeal. Conditional Readiness to Perform Contract Held Not Sufficient; Respondent Cannot Challenge Adverse Finding Without Cross-Objection.

23 Feb 2005

The case originated from a suit for specific performance of an agreement for sale dated 17 August 1973 concerning immovable property. The plaintiff, V...

High Court

Bombay High Court Allows Second Appeal in Property Possession Dispute — Limitation for Execution of Decree Not a Bar to Fresh Suit for Possession Based on Title. The court held that the right to recover possession based on title is not extinguished merely because a previous decree for possession has become time-barred for execution under Article 136 of the Limitation Act, 1963.

6 Mar 2014

This second appeal arises from a property dispute between the appellants (original defendants) and the respondents (original plaintiffs). The responde...

High Court

Bombay High Court Allows Leave to Combine Infringement and Passing Off Causes of Action in UltraTech Trade Marks Case. The court held that under Clause 14 of the Letters Patent, a plaintiff can combine infringement and passing off claims when both arise from the same set of facts and the court has jurisdiction over the infringement claim under Section 134(2) of the Trade Marks Act, 1999.

29 Jan 2015

The plaintiffs, Ultratech Cement Ltd. and its parent company, filed a suit alleging infringement of their registered trade marks containing the word '...

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