Search Results for "Plaint averments"

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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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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Plaint averments"

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High Court

Bombay High Court Dismisses Appeal by Goa State Infrastructure Development Corporation Against Injunction Restraining Construction of Bridge Over Plaintiff's Property. Court Upholds Trial Court's Finding That Plaintiff's Consent Was Not Obtained and That the Corporation Failed to Establish Any Right to Enter Private Land Without Acquisition or Consent.

27 Apr 2017

The appellant, Goa State Infrastructure Development Corporation Limited, filed an appeal against an order of the trial court granting temporary injunc...

High Court

Bombay High Court Allows Husband to Amend Written Statement Based on Foreign Divorce Decree and Permits Withdrawal of Consent to Mutual Divorce. The Court held that amendment under Order 6 Rule 17 CPC is necessary for just adjudication and that consent under Section 13B of Hindu Marriage Act can be withdrawn unilaterally before decree.

22 Jan 2018

The petitioner-husband, Vishal Nitinkumar Kondhia, and the respondent-wife, Jahnvi Vishal Kondhia, were parties to matrimonial proceedings before the ...

Supreme Court

Supreme Court Refers Matter to Three Judge Bench Due to Conflicting Views on SLP Maintainability in Election Petition. Division Bench Differed on Whether an Alternative Appeal Under Section 116A of the Representation of the People Act, 1951 Barred the Special Leave Petition Under Article 136 of the Constitution, and on Pleading Requirement for Material Effect on Election Result.

18 Oct 2012

This case involved an election dispute appealed to the Supreme Court against the dismissal of election petitions by the High Court of Judicature at Bo...

High Court

Bombay High Court Allows Amendment of Plaint in Development Dispute — Plaintiff Allowed to Bring on Record Subsequent Events Including Deed of Conveyance and Alleged Fraudulent Tenancy. Court holds that pre-trial amendments should be liberally allowed to determine real controversy between parties.

27 Sep 2024

The plaintiff, M/s SR Enterprises, filed a Commercial Suit against defendants Gurbachan Kaur Jattinder Singh Chadha and another, arising out of a Deve...

Supreme Court

Supreme Court Dismisses Appeal for Specific Performance of HUF Property Sale Agreement Due to Plaintiff's Inequitable Conduct. Suppression of Material Facts and Inconsistent Pleadings Disentitle Equitable Relief Under Section 20 of Specific Relief Act, 1963.

1 Mar 2024

The appeal arose from a suit for specific performance of an agreement for sale dated 16th January 1980 executed by the defendant (Brij Bhushan Chaudha...

High Court

Bombay High Court Allows Appeal Against Remand Order in Rent Suit — Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23 CPC by Remanding Without Setting Aside Findings on Jurisdictional Fact. The Appellate Court's direction to re-register the suit under ordinary civil jurisdiction was without authority as the trial court had decreed the suit under the Maharashtra Rent Control Act, which is within the exclusive jurisdiction of the Small Causes Court.

18 Aug 2023

The appellants, who were the original plaintiffs, filed Regular Civil Suit No.97 of 2007 before the Civil Judge, Junior Division, Kopargaon, seeking p...

High Court

Bombay High Court Returns Plaint in Co-operative Society Dispute for Lack of Jurisdiction Due to 2019 Amendment to MCS Act. Dispute between Society and Developer over redevelopment falls within exclusive jurisdiction of Co-operative Court under Section 91 of the Maharashtra Co-operative Societies Act, 1960.

6 Oct 2022

The Bombay High Court, in an interim application filed by Defendant No. 5 (Parimal H. Solanki) in Suit No. 1190 of 2019, considered whether the Civil ...

High Court

Bombay High Court Allows Amendment in Specific Performance Suit Despite Earlier Rejection — Change in Compensation Amount Constitutes New Fact. The court held that a subsequent enhancement of compensation by the Arbitrator is a change in circumstances justifying a fresh amendment application under Order VI Rule 17 CPC.

29 Nov 2022

The petitioner/plaintiff filed a suit for specific performance of an agreement to sale dated 07.04.2007 for land admeasuring 1H 98R. During pendency, ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in SARFAESI Act Jurisdiction Dispute. Disputed Question of Fact Regarding Agricultural Land Cannot Be Decided Under Order 7 Rule 11 CPC; Issue Must Be Tried in Suit.

18 Sep 2020

The applicant, Sundaram Home Finance Limited, a secured creditor, filed a Civil Revision Application challenging an order of the Civil Judge, Junior D...

High Court

Bombay High Court Allows Second Appeal in Tenancy Dispute — Lower Appellate Court Erred in Recording Tenancy Findings Without Referring to Tenancy Court. The Court held that the issue of tenancy must be referred to the Tenancy Court under the Bombay Tenancy and Agricultural Lands Act, 1948, and the civil court cannot decide it.

16 Nov 2005

The case involves a second appeal before the Bombay High Court arising from a civil suit concerning agricultural land. The appellants, four women, fil...

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