Search Results for "civil suit dismissal"

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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...
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Search Results for "civil suit dismissal"

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High Court

High Court of Karnataka Dismisses Second Appeal in Partition Final Decree Proceedings — Upholds Allotment of Shares as per Commissioner’s Report. Appellant’s Contention That He Is Entitled to Constructed Portion of Joint Property Rejected as Such Plea Was Not Raised During the Suit or First Appeal, and Final Decree Must Conform to Preliminary Decree.

16 Feb 2024

The matter pertained to a regular second appeal before the High Court of Karnataka arising from final decree proceedings in a partition suit. The orig...

High Court

Bombay High Court Allows Daughter's Appeal Against Dismissal of Petition Challenging Father's Marriage Under Order 2 Rule 2 CPC. Family Court Erred in Holding That Earlier Suit for Declaration of Marriage as Void Was Barred by Res Judicata as Cause of Action Was Different.

17 Mar 2021

The appellant, Mrs. Nayana M. Ramani, is the married daughter of late Mr. Navnitlal R. Shah. The respondent, Mrs. Fizzah Navnitlal Shah, claims to hav...

High Court

Bombay High Court Allows Appeal Against Order Rejecting Plaint in Suit for Injunction and Declaration — Dispute Over Common Passage in Residential Building. Court Holds That Disputed Passage Is Not an 'Open Space' Under MOFA Section 1A(e) and That the Suit Is Not Barred by Limitation or Res Judicata.

23 Dec 2025

The appellants, Zenobia R. Poonawala and Rohinton Poonwala, are residents of Flat No.9 in Rutton Manor, a residential building in Colaba, Mumbai. They...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Erroneous Survey Entry — Declares Appellant Owner of Suit Property Based on Title Documents and Adverse Possession. Court holds that survey entries do not confer title and that the appellant had established possession and ownership over the disputed land.

26 Aug 2014

The appellant, Cabido da Se Primacial de Goa, filed a suit for declaration and permanent injunction claiming ownership of a property known as 'Vagorna...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case, Holds Suit Barred by Limitation Under Article 54 of Limitation Act, 1963. The Court restored the trial court's dismissal of the suit for specific performance as the suit was filed beyond three years from the date fixed for performance under the agreement to sell.

1 Jan 2020

The Supreme Court allowed the appeal filed by the original defendants against the High Court's judgment decreeing specific performance of an agreement...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Suit Barred by Limitation and Defendant Acquired Title by Prescription. Co-owner's suit for partition filed 19 years after withdrawal of earlier suit held time-barred under Article 65 of Limitation Act, 1963.

15 Dec 2014

The appellant (original plaintiff) and respondent (defendant) are brothers who jointly purchased suit property on 02.01.1978. The plaintiff claimed th...

Tribunals

NCLAT Allows Appeal by Financial Creditor in Insolvency Case — Loan Agreement and Default Proven, Adjudicating Authority Erred in Rejecting Application Under Section 7 of IBC, 2016. Loan advanced by NBFC to Corporate Debtor under Facility Agreement constitutes financial debt under Section 5(8) IBC, and Section 7 application filed within limitation period must be admitted.

3 Jul 2025

The present appeal was filed by M/s Lok Sewak Leasing & Investment Pvt. Ltd., a Non-Banking Financial Company (NBFC) registered with the Reserve Bank ...

Supreme Court

Supreme Court Dismisses Special Leave Petition in Specific Performance Suit — Limitation and Court Fee Defect Not Curable Under Section 149 CPC. Agreement Holder's Suit for Mandatory Injunction Filed Beyond Limitation Cannot Be Converted into Suit for Specific Performance by Paying Deficit Court Fee.

10 Feb 2020

The dispute arose from an agreement for sale of immovable property dated 12.10.1994, where the respondent agreed to sell land and factory premises to ...

Supreme Court

Supreme Court Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

2 Sep 2020

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

High Court

Bombay High Court Dismisses Second Appeals in Property Dispute Over Lease and Possession — Upholds Concurrent Findings on Title and Adverse Possession. The court held that the appellants failed to prove adverse possession and that the lower appellate court's findings were not perverse, thus no interference under Section 100 CPC.

21 Aug 2013

The case involves two second appeals arising from a property dispute over two plots of land in survey no.7 and survey no.6 at Nanded. The Nanded Sachk...

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