Search Results for "defendant's right"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "defendant's right"

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High Court

High Court Decides Regular Second Appeal in Civil Procedure and Land Reforms — Framed Substantial Questions on Limitation and Tenancy Surrender. Whether permit to withdraw earlier suit with liberty validated fresh suit and whether earlier sale deed and surrender of tenancy were properly considered by lower courts.

10 Nov 2017

The Regular Second Appeal arose from a suit for declaration and permanent injunction filed by the plaintiffs claiming ownership of agricultural lands ...

High Court

High Court of Karnataka Sets Aside Trial Court Order Allowing Plaintiffs to Reserve Entire Evidence in Partition Suit, Clarifying Order XVIII Rules 1 and 3 CPC. Plaintiffs Could Reserve Evidence Only on Issue Where Defendant Bore Burden of Proving Will, but Had to Lead Evidence on Other Issues Like Share Entitlement and Accounting.

23 Oct 2025

The dispute arose from a partition suit filed by the respondents (plaintiffs) against the petitioner (defendant) seeking partition and separate posses...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court held that the appellants failed to prove their title over the suit property and that the sale deed executed by the original owner in favor of the respondents was valid.

23 Dec 2014

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of agricultural land. They claimed ...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Invalidity of Sale by Co-owner Without Proof of Partition. Co-owner's Sale of Undivided Share Without Consent of Other Co-owners Held Invalid as No Prior Partition Was Established.

22 Apr 2010

The case involves a second appeal by original defendants nos.1-3 against a decree for declaration and injunction passed by the lower appellate court. ...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Title Suit — Concurrent Findings of Fact Not Interfered With. Plaintiff's title based on Hakkupatra grant upheld by both courts below; no substantial question of law arises under Section 100 CPC.

20 Dec 2013

The appellant, Smt. Sumitra Bai, was the defendant in a suit for declaration of title and permanent injunction filed by the respondent-plaintiff, P. S...

High Court

Bombay High Court Allows Mortgagee's Suit for Arrest and Sale of Vessel in Admiralty Jurisdiction — Mortgage Debt Secured by Vessel Held Enforceable Despite Change of Ownership. The court held that a valid mortgage creates a maritime lien enforceable in rem, and subsequent change of ownership does not affect the mortgagee's rights.

18 Jul 2005

The plaintiffs, Dallah Albaraka Investment Co. Ltd., filed an admiralty suit in the Bombay High Court seeking enforcement of a mortgage over the vesse...

High Court

High Court of Karnataka Allows Appeal in Service Matter — Appellant Institution Succeeds in Proving Lack of Employer-Employee Relationship. The respondent failed to establish his employment with the appellant, leading to dismissal of the suit for declaration and injunction.

1 Mar 2013

The appellant, The Chairman The State Government Employees Shikshana Sangha, Laxmi Complex, Neeligin Road, Hubli, represented by its Principal, filed ...

High Court

High Court of Karnataka Allows Appeal in Property Dispute Between Brothers — Sets Aside Trial Court Decree for Declaration and Possession. Suit for Declaration of Title and Possession Dismissed as Plaintiff Failed to Prove Ownership and Adverse Possession Against Co-Owner Brother.

21 Feb 2025

The appeal arises from a judgment and decree dated 07.11.2007 in O.S.No.3163/1990 passed by the XV Addl. City Civil and Sessions Judge, Bangalore, dec...

High Court

Madras High Court Allows Second Appeal in Specific Performance Suit — Upholds Trial Court's Decree for Specific Performance and Injunction. Sale Agreement with Full Payment and Possession Confers Equitable Right Under Section 53-A of Transfer of Property Act, 1882.

20 Jan 2025

The plaintiff, Sarojini, filed a suit for specific performance of a sale agreement dated June 25, 2003, and for permanent injunction against the defen...

Supreme Court

Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

28 Jan 2019

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

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