Search Results for "Joint decree"

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Prima Facie Case for Injunction Against Co-Owners. Agreement for Sale of Undivided Share by One Co-Owner Does Not Create a Right to Injunction Against Other Co-Owners Who Are Not Parties to the Agreement.

The appellant-plaintiff, M/s. Amoda Properties LLP, filed a suit for specific performance of an agreement dated 21st December 2016, whereby defendant ...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to File Written Statement — Delay of 4 Years Not Condoned as No Sufficient Cause Shown. Trial Court's Order Upheld as Neither Illegal Nor Perverse Under Order 8 Rule 1 CPC.

The petitioners, original defendants in Regular Civil Suit No.1118/1998 pending before the 3rd Joint Civil Judge, Junior Division, Aurangabad, challen...

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High Court of Gujarat Allows Appeal in Contract Dispute — Remands for Fresh Trial Due to Improper Issue Framing. Trial court's failure to frame proper issues and appreciate evidence regarding delay in construction contract warrants remand for fresh adjudication of suit and counterclaim.

The present first appeal arises from a judgment and decree dated 8th March 2000 passed by the learned Second Joint Civil Judge (SD), Kachchh at Bhuj, ...

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Bombay High Court Allows Husband's Appeal for Divorce on Ground of Cruelty Under Hindu Marriage Act, 1955 — Irretrievable Breakdown of Marriage and Long Separation Considered Cruelty. False Criminal Complaints and Over 13 Years of Separation Justify Grant of Divorce with Permanent Alimony of Rs. 25 Lakhs.

The appellant-husband, Yogendra Lahu Bhoir, and the respondent-wife, Prema Yogendra Bhoir, were married on 10 May 2006 and had a son born on 18 June 2...