Search Results for "owner impleadment"

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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...
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Search Results for "owner impleadment"

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High Court

High Court Allows Writ Petitions Challenging Impleading Orders in Land Acquisition References — Reference Court Exceeded Jurisdiction by Allowing Impleading Under Order 1 Rule 10 CPC Without Adjudicating Title. The Court Held That the Land Acquisition Act is a Complete Code and Third Parties Must Establish Title Before a Civil Court.

20 Dec 2024

The High Court of Karnataka at Kalaburagi, presided over by Justice, delivered a common judgment on 20 December 2024 in three connected writ petitions...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Case — Assignment of Contractual Rights Requires Consent of Original Party. The Court held that assignees cannot enforce specific performance against original owners without their consent, as the original vendees' rights were extinguished by withdrawal of suit and cancellation of agreement.

25 Nov 2019

The case involves four suits for specific performance filed by Respondent Nos. 1 (assignees) against the Appellants (original owners) based on agreeme...

High Court

High Court of Karnataka Dismisses Insurance Company's Petition Challenging Tribunal's Refusal to Implead Additional Witnesses in Motor Accident Claim — No Jurisdictional Error Found in Tribunal's Discretionary Order. The Court held that the Tribunal's decision to reject impleadment of proposed respondents as unnecessary parties does not warrant interference under Article 227 of the Constitution of India.

22 Apr 2025

The judgment pertains to two writ petitions filed by the Manager of ICICI Lombard General Insurance Company Limited under Article 227 of the Constitut...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

8 Apr 2011

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...

High Court

Bombay High Court Allows Second Appeal and Decrees Suit for Possession Entirely in Favor of Original Plaintiff. Persons Named in Fraudulent Mutation Entries and Land Development Bank Are Not Necessary Parties Under Sections 47, 48, and 118(5) of the Maharashtra Cooperative Societies Act, 1960.

14 Aug 2013

The second appeal before the Bombay High Court arose from a suit for declaration and possession of agricultural lands filed by the original plaintiff ...

Supreme Court

Supreme Court Allows BDA's Appeal in Execution Proceedings: Right, Title or Interest Must Be Adjudicated Under Order XXI Rule 101 CPC. The Court held that an obstructor claiming title need not prove possession to be heard in execution proceedings.

6 Dec 2021

The case involves an appeal by the Bangalore Development Authority (BDA) against the dismissal of its applications under Order XXI Rule 97 CPC in exec...

High Court

Bombay High Court Dismisses Petition to Prevent Proforma Defendants from Leading Evidence in Eviction Suit — Interest Not Adverse Does Not Bar Evidence. The court held that the right to lead evidence is not dependent on the nature of interest but on the court's discretion and the necessity for just adjudication under the Presidency Small Causes Courts Act, 1882.

10 May 2024

The petition challenges an order of the Small Causes Court at Mumbai rejecting the plaintiffs' application to prevent certain defendants (Defendant No...

High Court

Bombay High Court Holds Landlord Not Necessary Party in Tenant's Suit Against Corporation for Demolition. The test for necessary party under Order I Rule 10 CPC is whether the suit outcome affects the legal interest of the landlord, which is not satisfied when the tenant seeks to restrain demolition of the tenanted premises.

14 Dec 2021

The judgment involves four writ petitions where the common question is whether the owner/landlord of the suit premises is a necessary or proper party ...

High Court

Bombay High Court Allows Subsequent Purchaser to Join Appeal in Specific Performance Suit — Lis Pendens Does Not Bar Participation as Proper Party. The court held that a subsequent purchaser, though bound by the decree under Section 52 of the Transfer of Property Act, 1882, is entitled to be heard in the appeal as a proper party to protect his interest.

27 Feb 2014

The petitioner, Shrikrushna Narayan Tupkari, filed a writ petition challenging the order dated 19.5.2013 passed by the learned District Judge-2, Akola...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Eviction Suit — Amendment Allowed as Necessary for Determining Real Controversy Between Parties. The court upheld the trial court's order allowing amendment to incorporate death of original plaintiff and substitution of legal representatives, holding that pre-trial amendments are to be liberally allowed under Order VI Rule 17 CPC.

5 Dec 2023

The petitioner, M/s. Wrangle Investment Limited, challenged the judgment and order dated 26 September 2019 passed by the Court of Small Causes at Bomb...

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