Search Results for "specific pleading"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "specific pleading"

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High Court

Bombay High Court Allows Second Appeal in Property Possession Dispute — Sale Deed Interpretation and Possessory Title. Court held that the plaintiff failed to prove possession of the first floor at the time of sale and that the suit for possession based on title alone without prior possession is not maintainable under Section 6 of the Specific Relief Act, 1963.

7 Jun 2016

The case involves a second appeal filed by the original defendant (Shriram Thakur, since deceased, through his legal representatives) against the judg...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

High Court

High Court of Karnataka Adjudicates Regular First Appeals Against Trial Court Decree in Suit for Declaration and Permanent Injunction. Property Dispute Among Multiple Parties Pertaining to Immovable Property Under Code of Civil Procedure, 1908.

1 Oct 2024

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High Court

High Court of Karnataka Dismisses Revision Petition in Partition Suit — Order Rejecting Application for Judgment on Admissions Upheld. Court held that admissions must be clear and unequivocal for judgment under Order 12 Rule 6 CPC, and disputed questions of fact cannot be decided in such application.

4 Aug 2023

The petitioner, who is the first defendant in a suit for partition and separate possession, filed a revision petition under Section 115 CPC challengin...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to File Written Statement and Counterclaim Under Order 8 Rule 1 CPC — Petitioner Failed to Show Sufficient Cause for Delay Beyond 90 Days. The court upheld the trial court's discretion in refusing to condone the inordinate and unexplained delay in filing the written statement, holding that the statutory period under Order 8 Rule 1 CPC cannot be extended beyond 90 days except in exceptional circumstances.

28 Aug 2019

The petitioner, Vesta Building Products Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging an order dated 30 ...

High Court

Bombay High Court Hears Petition to Set Aside Arbitral Award in Redevelopment Dispute; Developer Challenges Directions to Amend Building Plans and Pay Compensation. Court's Decision Awaited.

13 Jan 2026

The dispute pertained to redevelopment of a cooperative housing society's property. The respondent society, owner of a plot in Andheri, Mumbai, appoin...

High Court

Bombay High Court Allows Appeal in Trust Property Dispute — Possession of Suit Plot Not Acquired by Government. Land Acquisition Proceedings Did Not Include the Suit Plot, Hence Government Cannot Claim Title or Possession Without Proper Acquisition Under Land Acquisition Act, 1894.

14 Aug 2012

The appeal arises from a judgment and decree dated 25.9.1995 of the Civil Judge, Senior Division, Yavatmal, dismissing Special Civil Suit No.86/1994 f...

High Court

High Court of Karnataka Allows Amendment of Written Statement in SFC Act Recovery Proceedings — Petitioner Allowed to Raise Additional Defence of Limitation and Discharge. Pre-trial amendment under Order VI Rule 17 CPC should be liberally allowed as no prejudice is caused to the opposite party that cannot be compensated by costs.

29 May 2017

The petitioner, Suryakant M. Bichkunde, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 21.0...

High Court

Gujarat High Court Allows Second Appeal in Specific Performance Dispute, Sets Aside Concurrent Findings for Non-Compliance with Order 2 Rule 2 CPC. The court held that a subsequent suit for specific performance is barred when the plaintiff earlier sued for injunction without claiming the consequential relief.

18 Mar 2026

The case involves a dispute between M/s Star Land Developers (appellant) and Shri Mukundrai Meghjibhai Kamaliya (respondent) concerning an agreement t...

High Court

High Court of Judicature at Bombay Dismisses Appeals by Bank in Securitisation Act Case Regarding Maintainability of Civil Suits — The Court Examines Whether Plaints Against Bank Are Barred Under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

26 Oct 2018

The litigation arose from a batch of five civil suits filed by several plaintiffs against M/s. Orbit Corporation Ltd. and Axis Bank Limited, concernin...

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