Search Results for "constructive possession"

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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...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not B...

Search Results for "constructive possession"

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High Court

Madras High Court Allows Arrest of Vessel for Maritime Claim Under Admiralty Act, 2017 — Bunker Supply Constitutes Necessaries. The court held that supply of bunkers to a vessel is a maritime claim under Section 4(1)(l) of the Admiralty (Jurisdiction & Settlement of Maritime Claims) Act, 2017, and granted conditional arrest subject to furnishing of security.

6 Feb 2026

The plaintiff, Om Freight Forwarders Limited, a company engaged in freight forwarding and bunker supply, filed a civil suit under the Admiralty (Juris...

High Court

High Court of Karnataka Allows Appeals in Execution Proceedings — Auction Sale Set Aside for Non-Compliance with Order 21 Rule 95 CPC. Delivery of possession is a mandatory requirement for confirmation of sale under Order 21 Rule 95 of the Code of Civil Procedure, 1908.

22 Jul 2024

The case involves two Regular First Appeals (RFA No. 557/2016 and RFA No. 558/2016) filed under Section 96 read with Order 41 Rules 1 and 2 of the Cod...

High Court

Bombay High Court Dismisses Plaintiff's Revision Against Rejection of Decree on Admission in Property Dispute. Court Finds No Clear Admission of Title by Defendants in Previous Counter-Claims, Upholding Trial Court's Order Under Order XII Rule 6 CPC.

13 Jun 2024

The Bombay High Court dismissed a Civil Revision Application filed by the Plaintiff challenging the Trial Court's order rejecting his application for ...

High Court

Bombay High Court Dismisses Writ Petition and Civil Revision Application in Property Dispute Over Lease and License Agreement — Held That Licensee Cannot Claim Tenancy Rights Under Maharashtra Rent Control Act, 1999. The court affirmed that the agreement was a license, not a lease, and the suit for possession was within limitation.

7 May 2021

The judgment arises from a property dispute concerning a petrol pump site at Santacruz, Mumbai. The petitioners (original plaintiffs) are the owners o...

High Court

Bombay High Court Dismisses Appeal in Inventory Proceedings — Prescription Under Portuguese Civil Code Does Not Bar Co-Heir's Right to Seek Inventory After 30 Years. The Court held that the right to seek inventory is imprescriptible and can be exercised at any time by a co-heir, as it is a right to partition and not a right to claim ownership against another co-owner.

17 Sep 2020

The case involves a dispute between a brother and sister over the estate of their mother, who died in 1979. The sister, Monica Sinai Rataboli, initiat...

Supreme Court

Supreme Court Holds Plaintiff Can Plead Adverse Possession Under Article 65 of Limitation Act — Preliminary Issue Covered by Ravinder Kaur Grewal. The Court overruled earlier decisions and directed merits consideration.

8 Aug 2019

The Supreme Court disposed of three civil appeals involving a preliminary issue: whether a plaintiff can take the plea of adverse possession under Art...

High Court

High Court of Karnataka Decides Revenue's Wealth Tax Appeals Involving Definition of 'Assets'. The Appeals Challenge ITAT Orders Regarding Assessment Years 1999-2000 to 2004-05 under Section 2(ea) of Wealth Tax Act, 1957.

30 Aug 2018

The High Court of Karnataka heard a batch of Wealth Tax Appeals filed by the Revenue under Section 27-A of the Wealth Tax Act, 1957, against the order...

High Court

High Court of Judicature at Bombay Dismisses Writ Petition Challenging Execution Order for Demolition, Upholding Ancillary Power of Executing Court. Constructive Res Judicata Applied for Not Objecting to Execution Notice Under Order XXI Rule 22 CPC, and Order XXI Rule 35(3) Allowed Incidental Demolition Direction for Possession.

17 Apr 2018

The dispute arose from a suit filed by the respondent (plaintiff) seeking a declaration that the petitioner (defendant) had no right to discharge rain...

High Court

Bombay High Court Upholds Decree for Restoration of Possession Under Section 6 of Specific Relief Act, 1963 — Trial Court's Finding on Ownership Held Without Jurisdiction. Court sets aside finding on ownership but confirms decree as plaintiffs proved prior possession and wrongful dispossession.

5 Jul 2013

The case involves a Civil Revision Application filed by the original defendant against a decree passed by the learned Joint Civil Judge, Senior Divisi...

High Court

Bombay High Court Allows Second Appeals in Property Dispute, Remands for Fresh Consideration on Issue of Limitation and Adverse Possession. The court held that the lower appellate court failed to properly analyze evidence regarding the starting point of limitation under Article 65 of the Limitation Act, 1963, and the plea of adverse possession.

30 Nov -0001

The case involves a property dispute in Velim, Goa. The appellants (legal heirs of Egidio Joaquim Fernandes and others) filed a suit for possession of...

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