Search Results for "declaration decree"

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Bombay High Court Considers Validity of Slum Rehabilitation Area Declaration Where No Show Cause Notice Was Issued. The Court Examines Whether Principles of Natural Justice Require Opportunity of Hearing Before Section 3C(1) Declaration Under Maharashtra Slum Areas Act, 1971.

This writ petition was filed in the Bombay High Court challenging the declaration of certain property as a Slum Rehabilitation Area under Section 3C(1...

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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.

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

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Bombay High Court Dismisses Appeal Against Setting Aside of Consent Decree in Property Suit. Consent Decree Obtained by Fraud and Misrepresentation, Not Binding on Co-operative Society and Its Members.

The appeal arises from a long-standing property dispute. The appellant, Time Field Corporation, a partnership firm, filed a suit in 1978 against Shri ...

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Madras High Court Hears Second Appeal Against Concurrent Findings Dismissing Injunction Suit Based on Compromise Decree. Substantial Questions on Res Judicata and Minor Guardian Not Signing Compromise Raised.

The case involved a second appeal before the High Court of Madras arising out of a suit for permanent injunction filed by the plaintiffs-appellants ag...

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Bombay High Court Allows Writ Petition to Quash Compromise Decree in Suit for Declaration of Ownership and Injunction — Held That Compromise Decree Was Not Validly Passed as It Was Based on a Consent Term That Was Contrary to Law and Without Jurisdiction.

The case involves a dispute over property ownership. The original petitioner, Narhar Rango Kulkarni (since deceased, represented by legal heirs), file...

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High Court of Bombay at Goa Adjudicates Constitutional Challenge to Article 19 of Decree No.35461 on Enforcement of Ecclesiastical Annulment Decrees. Petitions Seek to Nullify Canonical Marriage Annulments and Prevent Civil Endorsements, Questioning the Validity of Pre-Constitution Colonial Law.

Two writ petitions were heard together. In Writ Petition No.351 of 2017, the petitioner wife married the fourth respondent on 26 September 2009 under ...

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Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction.

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the...

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Karnataka High Court Upholds Executing Court’s Dismissal of Obstruction Applications Filed Under Order 21 Rule 97 and 99 CPC. Decree for Eviction Executed; Objectors Failed to Prove Possession at Time of Delivery.

The revision petitions arose from the execution of eviction decrees passed by the Small Causes Court in three eviction petitions filed by the decree h...