Search Results for "decree absolute"

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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 "decree absolute"

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High Court

Bombay High Court Upholds Eviction of Tenants in Rent Control Case — Tenants Acquired Alternate Accommodation, Bona Fide Need and Arrears of Rent Established. Concurrent findings of fact by trial and appellate courts regarding bona fide requirement and arrears of rent were not perverse; acquisition of service quarter by tenant negated claim of hardship under rent control law.

7 May 2015

The petitioners, Sou Jahida Sikandar Ustad and Shri Sikandar Gaus Ustad, were tenants of a single room premises admeasuring 15 ft. x 10 ft. in Kolhapu...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Favor of Petitioner in Arbitration Enforcement Case — Award Declared Enforceable as Decree. Court Rejects Public Policy and Natural Justice Objections, Orders Asset Disclosure by Respondent Under Sections 44-48 of Arbitration and Conciliation Act, 1996.

3 Dec 2015

The petitioner, Eitzen Bulk A/S, a Danish company, entered into a Contract of Affreightment (COA) with the respondent, Ashapura Minechem Ltd., an Indi...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

28 Jul 2016

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

High Court

Bombay High Court Quashes Detention Order in Execution Proceedings for Violation of Natural Justice — Failure to Issue Notice Before Ordering Civil Prison Vitiated Order. The court held that before ordering arrest and detention in civil prison for breach of decree, the executing court must issue notice and afford an opportunity of hearing to the judgment debtor, as per principles of natural justice and Order 21 Rule 32 CPC.

23 Jan 2026

The petitioners, judgment debtors in execution proceedings arising from Regular Civil Suit No. 456 of 2002, challenged the order dated 18.04.2023 pass...

High Court

Gujarat High Court Dismisses Insurance Appeal in Motor Accident Case, Upholds 50:50 Contributory Negligence Apportionment. Both ST Bus and Truck Drivers Found Negligent Under Motor Vehicles Act, 1988.

16 Jan 2026

The case arises from a motor accident on 12.01.2007 when an ST bus (GJ-18-V-8903) driven rashly rammed into a stationary truck (GJ-7-X-6523) parked wi...

High Court

Gujarat High Court Dismisses Appeal in Property Possession Suit — Upholds Trial Court Decree for Vacant Possession Based on Registered Sale Deed and Adverse Possession Rejected. The court held that the defendants failed to prove adverse possession and that the plaintiffs' title through registered sale deeds of 1975 was valid, thereby confirming the decree for possession under Section 96 CPC.

20 Jan 2026

The present appeal was filed under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 30.06.2025 passed by the...

High Court

High Court of Karnataka Allows Second Appeal in Money Loan Dispute — Sets Aside Appellate Court's Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Lack of Proper Reappreciation of Evidence Renders First Appellate Court's Judgment Unsustainable.

12 Jul 2024

The appellant-defendant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 1...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Case — Civil Suit Not Barred Under Section 34 When Challenge is to Mortgage Validity and Bank's Actions, Not Recovery Proceedings. The court held that the bar under Section 34 of the SARFAESI Act does not apply to a suit seeking declaration of title and challenging the validity of a mortgage, as such issues are not within the jurisdiction of the Debt Recovery Tribunal.

16 Jul 2021

The appellant, Smt. Nanjamma, filed a civil suit (O.S.No.3780/2017) before the XXII Additional City Civil and Sessions Judge, Bengaluru, seeking a dec...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Unsigned Agreement to Sell. Agreement to Sell Lacks Signature of Purchaser, Thus Unenforceable and Cannot Confer Title or Possessory Rights.

8 Jun 2026

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment of the first appellate court which had set aside ...

High Court

Bombay High Court Upholds Restoration of Suit Despite Plaint Rejection Under Order VII Rule 11(f) CPC — Power to Restore Exists Under Order VII Rule 13 CPC. The Court held that rejection under Order VII Rule 11(f) is not a decree and the Trial Court has jurisdiction to restore the suit upon sufficient cause being shown.

12 Sep 2017

The case arises from a dispute between family members over property. The Plaintiff (Respondent No.1) filed Special Civil Suit No.30/2012 seeking parti...

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