Search Results for "defendant's right"

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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...
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Search Results for "defendant's right"

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Supreme Court

Supreme Court Allows Appeal in Eviction Suit: Co-owners of Dissolved Partnership Firm Have Locus to Terminate Tenancy Without Attornment or Public Notice Under Section 45 of the Indian Partnership Act, 1932. The court held that the co-ownership arrangement was a family arrangement and not a transfer, and the defendant's conduct established jural relationship.

18 Dec 2019

The appeal arises from a suit for eviction and mesne profits filed by the original plaintiffs, seventeen individuals claiming as co-owners of a shop p...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Appellate Court Erred in Decreeing Suit Without Proper Consideration of Evidence and Limitation. The Court set aside the Appellate Court's judgment and remanded the matter for fresh consideration on the issue of limitation and adverse possession under Section 100 CPC.

26 Aug 2022

The present second appeal arises from a partition suit filed by the respondent-plaintiff, Smt. Ashwathamma, against the appellants-defendants, who are...

High Court

High Court of Bombay Adjudicates Second Appeals on Family Partition and Tenancy Rights. Substantial Questions of Law Include Effect of Registered Sale Deed, Purchase Under Section 32G, and Treatment of 1945 Family Arrangement as Partition.

11 Feb 2010

Background: This second appeal before the High Court of Judicature at Bombay arose from a partition suit filed by the original plaintiff against his b...

High Court

Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell Land Due to Lack of Proof of Readiness and Willingness and Failure to Prove Agreement. The Court held that the plaintiff failed to establish the execution of the agreement and his readiness and willingness to perform his part of the contract, and the suit was barred by limitation.

29 Oct 2013

The appellant, Kanhaiyalal Motilal Talera, filed a suit for specific performance of an agreement to sell dated 28-03-1979, allegedly executed by Sarub...

Supreme Court

Supreme Court Allows Appeal in Easement Rights Dispute Over Pathway — Vendor Cannot Confer Exclusive Right After Prior Grant of Access. Section 48 of Transfer of Property Act, 1882 applied to prioritize earlier right of way over later exclusive grant.

16 Jul 2019

The case involves a dispute over a pathway in Chennai. The original owner, C.L. Rajasekaran, owned a large parcel of land on Mowbrays Road. He sold po...

High Court

Karnataka High Court Dismisses Appellant's Second Appeal in Specific Performance Suit — Concurrent Findings of Readiness and Willingness Upheld. Agreement of Sale dated 18.06.2012 for Rs.1,90,000/- with part payment of Rs.1,00,000/- proved; plaintiff always ready and willing to perform; defendant failed to execute sale deed despite notice.

25 Jul 2025

The appellant, H.B. Shashikumar, was the defendant in a suit for specific performance filed by the original plaintiff, Mohammed Adil (since deceased, ...

Supreme Court

Supreme Court Dismisses Suit by Tamil Nadu Against Karnataka Over Pennaiyar River Water Dispute — Maintainability Barred Under Article 262 and Inter-State River Water Disputes Act, 1956. Court Holds That Disputes Relating to Inter-State River Waters Are Exclusively Triable by a Tribunal Under the ISWD Act, 1956, and Not by the Supreme Court Under Article 131.

14 Nov 2019

The State of Tamil Nadu filed Original Suit No. 1 of 2018 under Article 131 of the Constitution of India against the State of Karnataka and the Union ...

High Court

Bombay High Court Allows Wife's Petition to Set Aside Ex-Parte Order in Divorce Case — Liberal Approach Under Order 9 Rule 7 CPC. The court held that the trial court erred in dismissing the application to set aside the ex-parte order, as the defendant appeared on the adjourned hearing date and assigned good cause for her previous non-appearance.

7 May 2010

The petitioner, Smt. Bhumika Ajgaonkar, was the defendant in a matrimonial petition filed by her husband, Ravi Ajgaonkar, under Article 4(4) of the La...

High Court

Bombay High Court Allows Appeals in Specific Performance Suit — Agreement to Sell Not Proved, but Alternative Relief of Damages Granted. Court holds that failure to prove agreement does not bar claim for earnest money refund under Section 22 of Specific Relief Act, 1963.

19 Jul 2017

The appellant, an architect, filed three suits for specific performance of agreements to sell immovable property against Gustavo Pinto and Lucio Miran...

High Court

Karnataka High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

2 Sep 2015

The appellant, Annarao, filed a suit for specific performance of an agreement to sell dated 28.08.1986, allegedly executed by the respondent, Gopal Ra...

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