Search Results for "Maharashtra Fragmentation Act"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Maharashtra Fragmentation Act"

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High Court

Bombay High Court Dismisses Second Appeal, Upholds Specific Performance Decree for Oral Agreement to Sell Land. Concurrent Findings of Fact Not Interfered With as Plaintiff Proved Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

3 Nov 2025

This second appeal arises from a suit for specific performance of an oral agreement to sell agricultural land. The plaintiff (now represented by legal...

High Court

Bombay High Court Upholds Specific Performance Decree Based on Oral Agreement — Concurrent Findings of Fact Not Interfered With in Second Appeal. Oral Agreement for Sale of Immovable Property Proved by Evidence; Written Document Dated 31.12.1973 Did Not Supersede Earlier Oral Agreement.

3 Nov 2025

The case involves a second appeal filed by the defendants challenging concurrent judgments and decrees passed for specific performance of an agreement...

High Court

High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity.

29 Aug 2023

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 A...

High Court

Bombay High Court Dismisses Petition Challenging Condonation of Delay in Land Record Correction Appeal. Delay of 30 Years Condoned as Sufficient Cause Shown for Non-Filing of Appeal Within Limitation Under Section 5 of Limitation Act, 1963.

21 Jul 2023

The petitioners, legal heirs of Hari G. Koli, challenged an order dated August 21, 2019 passed by the District Superintendent of Land Records, Solapur...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Sets Aside Concurrent Findings for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

30 Mar 2021

The appellant, Bhausaheb R. Sanap, was defendant No.5 in Regular Civil Suit No.81 of 2000 filed by respondent Nos.1 and 2 (Ratnabai and Satyabhamabai)...

High Court

High Court of Bombay at Nagpur Allows Appeal Against Remand Order in Encroachment Suit — Remand Order Set Aside for Exceeding Appellate Powers Under Order 41 Rule 23 CPC. The First Appellate Court's order reversing trial court's dismissal and remanding for fresh trial was held to be without jurisdiction as the suit was not disposed of on a preliminary point.

20 Dec 2019

The case arises from a suit for removal of encroachment and possession filed by the respondent (original plaintiff) against the appellant (original de...

High Court

Bombay High Court Dismisses Appeal in Mortgage Redemption Suit — Conditional Sale Deed Constructed as Mortgage. Court holds that a deed with a reconveyance clause is a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the mortgagee's adverse possession claim fails due to acknowledgment of title.

15 Feb 2017

The respondent (original plaintiff) filed a suit for possession and reconveyance of an agricultural land bearing Survey No.275, admeasuring 22 Ars, cl...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Trial Court Decree Based on Part Performance and Possession. Agreement of Sale Dated 1971 and 1972 Enforced as Plaintiffs Proved Readiness and Willingness and Were Put in Possession Under Section 53A of Transfer of Property Act, 1882.

14 Oct 2014

The appellants, original plaintiffs, filed a suit for specific performance of an agreement of sale dated 23rd July 1971 (Exh. 29) and another agreemen...

High Court

Bombay High Court Grants Interim Injunction in Specific Performance Suits — Export Credit Guarantee Corporation of India Ltd. Restrains Trustees from Alienating Property. Prima Facie Case Established Based on Agreements and Possession; Balance of Convenience Favors Plaintiff.

26 Sep 2006

The plaintiff, Export Credit Guarantee Corporation of India Ltd., filed two suits for specific performance of agreements for sale of commercial units ...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement for Sale Not a Money Lending Transaction. The court restored the trial court's decree for specific performance, holding that the lower appellate court's finding that the registered agreement for sale was a money lending transaction was perverse and based on erroneous appreciation of evidence under the Specific Relief Act, 1963.

16 Dec 2005

The appellant, Bhau Bhiku Pawar, filed a suit for specific performance of an agreement for sale dated 17th June, 1977, executed by Bapu Manu Dhane (or...

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