Search Results for "suit and counterclaim"

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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 "suit and counterclaim"

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High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Against DRT Proceedings in Receivables Assignment Dispute. Court holds that civil suit for cancellation of indemnity and hypothecation deeds cannot restrain recovery proceedings before DRT under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

21 Feb 2014

The Plaintiff, Rentworks India Pvt. Ltd., provided equipment on lease to Subhiksha Trading Services Pvt. Ltd. under a Master Rental Agreement (MRA). D...

High Court

High Court of Karnataka Allows Appeal in Possession Suit — Appellant's Adverse Possession Claim Fails Due to Lack of Evidence of Hostile Possession and Non-Payment of Court Fee on Counterclaim. The court held that mere long possession without hostile animus does not constitute adverse possession under the Limitation Act, 1963.

17 Nov 2021

The present appeal arises from a decree for possession passed by the trial court in O.S.No.77/1999. The respondents (plaintiffs) claimed that the suit...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Over Right of Way and Title. Suit for Injunction Dismissed and Counterclaim for Declaration of Title and Injunction Upheld Based on Adverse Possession and Better Title.

13 Aug 2010

The appellants, Efigenio Dias and Josinho Dias, filed a suit for permanent injunction against the respondents, Malaquias D'Costa and others, to restra...

High Court

Karnataka High Court Examines Application of Order XXIII Rule 3A CPC to Suit by Non‑Party Seeking Declaration That Compromise Decree is Not Binding. The appellant, a religious math, challenged the rejection of its plaint which alleged that a compromise decree was fraudulent and collusive, thus not binding on it.

18 Mar 2025

The dispute centered on a property originally allotted to S. Narayana by the Bengaluru Development Authority in 1973, with a sale deed executed in 199...

High Court

Bombay High Court Allows Revision Application in Suit for Declaration and Injunction — Dispute Over Agricultural Land and Family Arrangement. Court holds that a Civil Revision Application under Section 115 CPC is maintainable against an order refusing to amend written statement, and that amendment seeking to incorporate a family arrangement and counterclaim should be allowed to avoid multiplicity of proceedings.

30 Nov -0001

The petitioners, original defendants in a suit for declaration and permanent injunction, filed a Civil Revision Application under Section 115 of the C...

High Court

Bombay High Court Allows Second Appeal in Licensor-Licensee Dispute — Civil Court Lacks Jurisdiction Under Section 26(2) of Provincial Small Causes Courts Act, 1887. The suit for possession based on temporary license is exclusively triable by Small Causes Court, not Civil Court.

7 Apr 2014

The appellant (original defendant) challenged the concurrent findings of the trial court and first appellate court in a suit for possession filed by t...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit, Upholds Trial Court's Finding of Loan Transaction Instead of Sale Agreement. Agreement to sell held to be a security for loan, not a genuine sale agreement, and plaintiff failed to prove readiness and willingness to perform contract.

10 Feb 2015

The petitioner, Smt. Shobha Janardhan Masram, filed a civil suit for specific performance of an agreement to sell dated 25-11-1994, claiming that the ...

High Court

Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

18 Dec 2019

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit, Upholds Concurrent Findings on Limitation and Adverse Possession. Court holds that mere possession for 12 years does not automatically bar the suit unless the defendant proves adverse possession against the true owner, and the plaintiff's suit filed within 12 years of knowledge of encroachment is within limitation.

3 Nov 2025

The case involves a second appeal filed by the original defendant, Mrs. Anjanabai Rajaram Gore, challenging the concurrent judgments and decrees of th...

High Court

Bombay High Court Dismisses Writ Petition Challenging Civil Court Decree in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Article 227. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert, Leading to Dismissal of Suit.

30 Nov -0001

The petitioner, Malaga Realtors Private Limited, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and dec...

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