Search Results for "voidable decree"

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Search Results for "voidable decree"

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Supreme Court

Supreme Court Allows Appeal in Property Dispute, Reverses High Court's Dismissal of Second Appeal Under Section 100 CPC. The High Court's failure to frame a substantial question of law as required under Section 100 of the Code of Civil Procedure, 1908, rendered its judgment unsustainable, leading to remand for fresh consideration.

23 Apr 2025

The appeal arose from a property dispute involving cancellation of sale deeds, recovery of possession, and injunction. The appellants, second to fifth...

High Court

Karnataka High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction and Declaration Dismissed as Plaintiff Failed to Prove Possession and Title Over Suit Property.

19 Apr 2024

The appellant, Sri B.N. Devaraju, filed a second appeal before the Karnataka High Court against the concurrent judgments of the trial court and the fi...

High Court

Bombay High Court Dismisses Bank's Petition Challenging Setting Aside of Auction Sale Under SARFAESI Act — Non-Compliance with Notice Requirements Under Section 13(2) and 13(4) of SARFAESI Act Renders Sale Invalid. DRT and DRAT Orders Upheld, Bank Directed to Follow Statutory Procedure Before Re-auction.

22 Jun 2023

The petitioners, Akola Janata Commercial Co-operative Bank Ltd. and its Branch Manager/Authorised Officer, challenged the judgment of the Debt Recover...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below concurrently found that plaintiffs failed to prove title and possession.

26 Jul 2022

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Time Was Essence of Contract; Forfeiture of Earnest Money Upheld. Breach by Buyer in Agreements to Sell Land in Gurgaon Leads to Dismissal of Suit for Specific Performance and Refund of Earnest Money.

11 Feb 2022

The case involves a dispute over two agreements to sell agricultural land in Gurgaon, executed on 17.02.2004, between the appellants (sellers) and the...

Supreme Court

Supreme Court Dismisses Special Leave Petition Challenging High Court's Setting Aside of Ex Parte Decree in Specific Performance Suit. High Court's Intervention Under Article 227 Upheld as Ex Parte Decree Was Nullity Due to Non-Appointment of Guardian for Minor Defendant Under Order XXXII Rule 3 CPC, Despite Defendants' Negligence and Delay.

16 Jul 2021

The dispute originated from a suit for specific performance of a sale agreement, where the plaintiffs obtained an ex parte decree against the defendan...

Supreme Court

Supreme Court Allows Maintenance to Wife in Second Marriage Despite Pendency of Appeal Against Divorce Decree — Marriage Not Void Under Hindu Marriage Act When No Stay on Decree. The Court held that Section 125 CrPC maintenance cannot be denied solely on the ground that the marriage was solemnized during the pendency of an appeal against a divorce decree, as the earlier marriage stood dissolved and the second marriage did not contravene Section 5(i) of the Hindu Marriage Act.

14 Feb 2020

The appeal arises from a judgment of the Telangana High Court dismissing the appellant's criminal revision against the rejection of her maintenance ap...

Supreme Court

Supreme Court Allows Appeal in Hindu Succession Property Dispute — Mother Cannot Act as Guardian of Minor Daughter's Separate Property Inherited from Father. Release Deed Executed by Mother as Guardian of Minor Daughter Without Court Sanction is Voidable, Not Void Ab Initio, and Must Be Challenged Within Limitation Period.

8 Jan 2020

The dispute originated from a suit for partition filed by the youngest daughter of Moola Gounder, who died intestate on 28.12.1971. Moola Gounder was ...

High Court

High Court of Karnataka Allows Writ Petition to Send Decree of Cancellation of Gift Deed to Sub-Registrar Under Section 31(2) of Specific Relief Act, 1963. The court held that the trial court has a mandatory duty under Section 31(2) of the Specific Relief Act, 1963 to send a copy of the decree for cancellation of an instrument to the registering officer, and rejection of the plaintiff's application under Section 151 CPC was erroneous.

24 Apr 2019

The petitioner/plaintiff filed a suit for declaration and injunction regarding suit schedule property, which was disposed of on 10.9.2018 based on a c...

High Court

Bombay High Court Dismisses Petition by Cooperative Housing Society Challenging Refund of Transfer Fees Paid Under Coercion. Payment of 3% of consideration as transfer fees disguised as repair fund contribution held illegal and recoverable with interest under Section 22 of Maharashtra Cooperative Societies Act, 1960.

17 Feb 2010

The petitioner, Bharatiya Bhavan Cooperative Housing Society Limited, challenged the orders of the First Cooperative Court and the Maharashtra State C...

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