Search Results for "civil suit limitation"

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Supreme Court Dismisses Union of India's Appeal Against Refusal to Condon 12-Year Delay in Restoration Application. Limitation Rules Apply Equally to Government; No Sufficient Cause Shown for Inordinate Delay.

The dispute originated from a lease deed executed in 1951 for a bungalow in Pune Cantonment. The respondent (landlord) filed a civil suit in 1981 for ...

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Bombay High Court Dismisses Petition Challenging Abatement of Suit for Easement of Necessity. Failure to Bring Legal Representatives of Deceased Plaintiff Within Limitation Leads to Abatement of Entire Suit Under Order 22 Rule 3 CPC.

The petitioners, original plaintiffs 1 to 4 and 6, along with Banubai Hariba Mohite (original plaintiff no.5), filed Regular Civil Suit No.278 of 1981...

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Bombay High Court Dismisses Appeal by Housing Society in Plot Allotment Dispute Under Section 91 of Maharashtra Co-operative Societies Act, 1960. Co-operative Court Has Jurisdiction Over Disputes Between Member and Society Touching Business of Society.

The appellant, Southern Nagpur Co-operative Housing Society Ltd., challenged the judgment of a learned Single Judge dismissing its writ petition again...

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Bombay High Court Allows Second Appeals in Property Dispute Between Brothers, Remands for Fresh Consideration on Limitation and Evidence Appreciation. The court held that the First Appellate Court must discuss evidence and cannot ignore a finding on limitation that has attained finality.

The case involves two second appeals arising from a property dispute between brothers. The appellants (Ulhas Shankar Barde and Urmila Ulhas Barde) and...

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Property Dispute. Res Judicata and Limitation Grounds Not Applicable as Earlier Co-operative Court Judgment Was Set Aside and Subsequent Civil Suit Involves Different Cause of Action.

The petitioner, Ganesh Keshav Patole, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 30 March 2016 pa...

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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

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Supreme Court Allows Appeal of Municipal Corporation in Solid Waste Project Injunction Case — Environmental Claims Lacked Scientific Evidence. Court Restores Trial Court's Dismissal of Suit, Holding That Civil Courts Cannot Restrain Statutory Projects Based on Unsubstantiated Apprehensions.

The Supreme Court allowed the appeal of Ratnagiri Nagar Parishad against the judgment of the Bombay High Court which had affirmed the decree of perman...