Search Results for "cause title amendment"

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Search Results for "cause title amendment"

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High Court

Bombay High Court Allows Deletion of Properties from Insolvent's Assets List in Insolvency Proceedings — Title of Stranger Cannot Be Adjudicated by Insolvency Court. The court held that the Insolvency Court has no jurisdiction to decide the title of a stranger to the insolvency and directed deletion of two flats from the list of assets of the insolvent under the Presidency Towns Insolvency Act, 1909.

2 Sep 2015

The case involves two Notices of Motion filed by Mrs. Renu Prakash Jaisingh seeking deletion of two residential flats from the list of assets of the i...

High Court

Bombay High Court Holds Amendment to Section 17 of Indian Divorce Act, 1869 Ousting Confirmation Requirement is Retrospective — Reference for Confirmation of Dissolution Decree Renders Infructuous. The amendment deleting the requirement of High Court confirmation of dissolution decrees applies to pending matters, making the reference infructuous.

9 May 2014

The case involves a First Appeal and a Reference arising from a matrimonial dispute under the Indian Divorce Act, 1869. The appellant, Sou. Kamal w/o ...

High Court

Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

18 Jun 2024

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

High Court

Bombay High Court Allows Impleadment of Legal Heirs in Suit for Declaration and Injunction — Amendment Sought at Final Stage Allowed to Avoid Multiplicity of Litigation. The court held that Order 1 Rule 10(2) CPC permits impleadment of necessary parties at any stage to effectuate complete adjudication and avoid multiplicity.

23 Sep 2014

The petitioners, original plaintiffs, filed a suit for declaration and injunction contending that a sale deed executed in favor of deceased Vijay Josh...

Supreme Court

Supreme Court Dismisses Plaintiffs in Property Declaration Suit Due to Omission of Possession Relief. Suit for Declaration and Injunction Held Not Maintainable Under Section 34 of Specific Relief Act, 1963 as Plaintiff, Not in Possession, Failed to Seek Further Relief of Possession.

25 Nov 2021

The dispute originated from a suit filed in 1987 by Arakeri Abbaiah, the original plaintiff, seeking declaration of ownership and permanent injunction...

High Court

Bombay High Court Dismisses Appeal by Legal Heirs in Suit for Declaration of Title by Adverse Possession — Failure to Prove Open and Hostile Possession for Over 30 Years. Plaintiffs Failed to Establish Continuous Possession and Hostile Animus Against the State, and Contradictory Evidence Undermined Adverse Possession Claim Under General Principles of Law.

23 Dec 2015

The appeal arose from a suit filed by Shivram Mahadev Shinde (since deceased) claiming title by adverse possession over 25 acres and 12.34 gunthas of ...

High Court

High Court of Bombay Examines Whether Amended Section 6 of Hindu Succession Act, 1956 Operates Retrospectively. The Correctness of the Division Bench Decision in Vaishali Satish Ganorkar Holding Prospective Operation is Challenged, with Parties Citing Supreme Court Precedents.

9 Jun 2014

This matter comprises a batch of second appeals before the Bombay High Court, Civil Appellate Jurisdiction, presided over by Justice R.G. Ketkar. The ...

High Court

Bombay High Court Pronounces Judgment in Batch of Writ Petitions Challenging Constitutional Validity of Section 295 Amendment and Demand for Unearned Income Under Maharashtra Land Revenue Code. The Lead Petition Involved Assignment of Leasehold Rights and a Demand of Over Rs. 94 Crores, With the Petitioners Alleging the Retrospective Amendment Violated Articles 14 and 19(1)(g).

3 May 2018

The judgment pertained to a batch of four writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court, Ordinary O...

High Court

Bombay High Court Allows Civil Revision Application in Property Dispute Over Succession Certificate — Held That Succession Certificate Is Not Necessary for Claiming Title by Adverse Possession or Will. The court clarified that a succession certificate under the Indian Succession Act, 1925 is not a prerequisite for filing a suit for declaration of title based on a Will or adverse possession, and that the Civil Court has jurisdiction to decide such matters.

14 Nov 2025

The case involves two cross civil revision applications arising from a property dispute between Maharukh Mediomah Patel (applicant in CRA/64/2021) and...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment and Review in Civil Suit — No Jurisdictional Error Found in Orders Under Order VI Rule 17 and Order 47 Rule 1 CPC. The court held that the trial court correctly applied the due diligence requirement for amendment after trial and that review was not warranted as no error apparent on the face of the record was shown.

6 Feb 2013

The petitioners, who were plaintiffs in Civil Suit No. 34/2009 before the Adhoc District Judge I, South Goa, at Margao, filed a writ petition under Ar...

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