Search Results for "Collusive decree"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Collusive decree"

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Supreme Court

Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

15 May 2026

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

High Court

High Court of Karnataka Hears Writ Petition on Impleadment of Additional Defendants in Specific Performance Suit — Considers Proper Party Test Under Order I Rule 10 CPC

13 Sep 2023

The petitioner, as plaintiff, filed a suit for specific performance of an agreement of sale dated 10.06.2016 executed by late Mariyappa in respect of ...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in RAE Suit — Tenant's Legal Representatives Cannot Challenge Landlord's Title After Attornment. Consent Decree in Partition Suit Binding on Parties; Tenant Cannot Deny Landlord's Title Under Section 116 of Evidence Act, 1872.

6 Sep 2023

The case arises from a civil revision application filed by the defendants (legal representatives of the original tenant) against the judgment and decr...

High Court

Bombay High Court Dismisses Appeal Against Order in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court's refusal to grant specific performance of agreement to sell as plaintiffs failed to prove readiness and willingness to perform their part of contract under Section 16(c) of Specific Relief Act, 1963.

22 Oct 2019

The dispute pertains to a suit for specific performance of an agreement to sell dated 18-04-2005 concerning agricultural land bearing Khasara No.40, P...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

13 Aug 2019

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

High Court

Bombay High Court Dismisses Second Appeals Against Execution of Decree for Possession, Holding That Objectors Claiming Adverse Possession Must First Establish Their Own Independent Title. Order XXI Rule 97 CPC Objections Cannot Be Used to Re-litigate Title Already Decided Against the Judgment Debtor.

13 Oct 2010

The present appeals arise from execution proceedings initiated by the decree holder (respondent No. 1) to enforce a decree for possession of land adme...

High Court

Bombay High Court Allows Compromise Decree in Property Suit Despite Third-Party Intervention Claim — Consent Terms Binding on Parties, Intervener's Rights Not Affected. The Court held that a compromise between the original parties does not affect the rights of a third party claiming independent title, and such third party need not be impleaded in the suit.

29 Nov 2024

The judgment arises from a suit filed by Vinesh Rashmikant Shah and others (Plaintiffs) against Pee Jay Traders and others (Defendants) concerning dis...

High Court

High Court of Karnataka at Bengaluru Hears Regular First Appeal Challenging Decree Holding Sale Deeds Void Under Section 52 of Transfer of Property Act in Pending Partition Suit. Appeal contests application of lis pendens doctrine to nullify purchases made during pendency of suit, with court's analysis focusing on extent of co-heir rights in Mohammedan law.

31 Jan 2015

The case arose from a partition suit filed by two Muslim women, Smt. Jameela Begum and Smt. Iqbal Begum, seeking their shares in the properties left b...

High Court

High Court of Bombay Disposes of Notice of Motion in Flat Allotment Dispute — Consideration of Interim Relief for Appointment of Receiver and Injunction Sought by Original Allottee’s Transferee. The court examines validity of termination of allotment by builder where original allottee alleged fraud in transfer, and subsequent sales to third parties.

4 Jun 2014

The present dispute arose out of a flat in the Oberoi Splendor project at Andheri, Mumbai. The plaintiff, a practising advocate, filed a suit seeking ...

High Court

Bombay High Court Allows Revision, Sets Aside Appellate Court Order Holding Appeal Without All Necessary Defendants Not Maintainable. In a dispute over specific performance and temporary injunction, the court ruled that an appeal against rejection of injunction must include all defendants from the suit, especially where allegations involved all, as non-joinder was fatal.

13 Apr 2018

The case arose from a civil suit filed by the respondent (original plaintiff) for specific performance, declaration, permanent injunction, partition, ...

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