Search Results for "Limitation Act, 1908"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Limitation Act, 1908"

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High Court

Bombay High Court Dismisses Appeal by Legal Heirs in Suit for Declaration of Title by Adverse Possession — Failure to Prove Open and Hostile Possession for Over 30 Years. Plaintiffs Failed to Establish Continuous Possession and Hostile Animus Against the State, and Contradictory Evidence Undermined Adverse Possession Claim Under General Principles of Law.

23 Dec 2015

The appeal arose from a suit filed by Shivram Mahadev Shinde (since deceased) claiming title by adverse possession over 25 acres and 12.34 gunthas of ...

High Court

Bombay High Court Dismisses State Appeals in Land Acquisition Compensation Cases, Upholds Enhanced Compensation for Acquired Lands. Court holds that claimants are entitled to compensation based on market value determined by sale instances and potential of land, with statutory benefits under Land Acquisition Act, 1894.

30 Nov -0001

The present group of appeals arises from land acquisition proceedings initiated by the State of Maharashtra for the Karanjwan Dam Project in Nashik. T...

Supreme Court

Supreme Court Reverses High Court Decree for Specific Performance in Property Sale Agreement Dispute. The Court held that specific performance cannot be granted for contracts dependent on third-party actions and that the High Court erred in not properly framing substantial questions of law under Section 100 of the Code of Civil Procedure, 1908.

13 Sep 2022

The dispute arose from a suit for specific performance of an agreement of sale dated 19.06.1993 concerning immovable property. The respondent-plaintif...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Repurchase Not Enforceable. Receipt for Reconveyance Does Not Constitute a Valid Contract for Sale Under Section 54 of Transfer of Property Act, 1882, and Suit Barred by Limitation.

24 Sep 2013

The dispute pertains to a suit for specific performance of an alleged agreement to repurchase suit land. The plaintiff, Dattu Kadu Aher, originally mo...

High Court

High Court of Karnataka Hears Two Regular First Appeals Under Section 96 CPC Against Common Judgment in Suits for Declaration, Injunction, Partition, and Dissolution of Partnership — Property Dispute Involving Sites in Mysore and Bangalore

10 Nov 2021

The Regular First Appeals RFA No.37/2003 and RFA No.84/2003 were filed under Section 96 of the Code of Civil Procedure, 1908, challenging the common j...

Supreme Court

Supreme Court Upholds Validity of Pre-deposit Condition Under Punjab VAT Act. Condition of 25% Pre-deposit for First Appeal Held Not Unconstitutional, but Appellate Authority Has Inherent Power to Grant Interim Relief.

1 Jan 2019

The Supreme Court considered a batch of appeals challenging the judgment of the Punjab and Haryana High Court which upheld the validity of Section 62(...

High Court

Bombay High Court Upholds Executing Court's Rejection of Time-Barred Application to Set Aside Auction Sale Under Order 21 Rule 89 CPC. Application Filed 63 Days After Sale Found Barred by Limitation, Secured Creditor's Prior Charge on Property Upheld for Distribution of Sale Proceeds.

26 Oct 2016

The petitioner, a borrower, had availed a housing loan from respondent No.1 finance company and mortgaged the purchased flat. Upon default, the lender...

High Court

High Court of Madras reviewed a revision petition challenging the trial court's dismissal of applications to condone delay and recall an order permitting withdrawal of suit under Article 227, Constitution of India. The core issue concerned whether an application under Section 151 of Code of Civil Procedure, 1908 to recall a withdrawal order was governed by Section 5 or Article 137 of Limitation Act, 1963, and whether a counter claim survives withdrawal.

7 Aug 2026

The matter arose from O.S.No.180 of 2019 filed by the revision petitioner as plaintiff seeking declaration and permanent injunction over suit property...

High Court

Bombay High Court Allows Refund of Stamp Duty Paid on Agreement for Sale That Did Not Materialize Due to Market Downturn. Petitioner entitled to refund under Sections 47 and 48 of Maharashtra Stamp Act, 1958 as instrument was not followed by conveyance and no fraud or misrepresentation was involved.

23 Aug 2022

The Petitioner, M/s Shweta Infrastructure and Housing (I) Pvt. Ltd., entered into an agreement for sale on 29 September 2014 with the Khatib family fo...

High Court

High Court of Karnataka Allows Second Appeal in Mortgage Redemption Suit — Appellant Entitled to Redemption Despite Delay. Court holds that a mortgagor's right to redeem continues until foreclosure or sale, and mere delay does not extinguish the right unless there is a decree for foreclosure.

27 Apr 2018

The present appeal arises from a suit for redemption of mortgage filed by the appellant (plaintiff No.2) along with respondent No.2 (plaintiff No.1) a...

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