Search Results for "going behind decree"

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine Due to Lack of Evidence of Execution.

The appellants, original plaintiffs, filed a suit for specific performance of an agreement to sell dated 15th June 1981, allegedly executed by the res...

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Bombay High Court Allows Eviction Suit Against MSEB in Rent Control Dispute — State Government Not the Tenant. The court held that MSEB was the tenant and the suit was maintainable, setting aside the concurrent decrees of the lower courts.

The petitioner, The Hong Kong & Shanghai Banking Corporation Limited (HSBC), filed a writ petition challenging the concurrent judgments of the Small C...

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Bombay High Court Allows Husband's Appeal in Restitution of Conjugal Rights Case — Wife's Refusal Without Reasonable Excuse. Filing of Divorce Petition by Wife Does Not Constitute Reasonable Excuse Under Section 9 of Hindu Marriage Act, 1955.

The case involves a second appeal filed by the husband (original respondent) against the judgment of the District Court, Dhule, which reversed the tri...

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Supreme Court Allows Appeal in Property Dispute Case Due to High Court Exceeding Jurisdiction Under Section 100 CPC. High Court's Reappreciation of Evidence in Second Appeal Quashed as Beyond Scope of Substantial Question of Law.

The present appeal arises from a property dispute between the original plaintiff (respondent) and the original defendants (appellants) concerning the ...

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Bombay High Court Dismisses Second Appeal in Land Acquisition Case — Suit Barred by Limitation and Res Judicata. Appellants' challenge to 1965 acquisition notification filed in 1992 held time-barred under Article 58 of Limitation Act, 1963 and earlier writ petition dismissal operates as res judicata.

The appellants, original plaintiffs, filed a suit in 1992 seeking declaration of title and permanent injunction in respect of two suit properties bear...

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Bombay High Court Allows Partition Suit Despite Non-Joinder of Daughters as Necessary Parties Under Hindu Succession Act, 1956. Daughters not claiming share are not necessary parties in partition suit among male heirs.

The case involves a second appeal arising from a partition suit. The plaintiff, claiming to be the son of Ishwara, sought partition and separate posse...