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...
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Search Results for "specific pleading"

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High Court

Bombay High Court Dismisses Second Appeal in Suit for Specific Performance of Agreement to Reconvey — Upholds Concurrent Findings of Fact That Agreement Was Not Proved. Court holds that the plaintiffs failed to prove the execution and validity of the agreement to reconvey dated 29.06.1986, and that the suit was barred by limitation under Article 54 of the Limitation Act, 1963.

4 Sep 2015

The appellants (plaintiffs) filed a second appeal challenging the decree of the District Judge-5, Pune, which set aside the trial court's decree in th...

High Court

Bombay High Court Dismisses Letters Patent Appeal in Caste Certificate Validity Case — Confirms Cancellation of Caste Certificate for Failure to Prove Belonging to Scheduled Tribe. The Court held that the burden of proof lies on the claimant to establish caste status and that the Scrutiny Committee's findings based on documentary evidence and affinity test are final unless perverse.

6 May 2016

The appellant, Vishwas Laxman Bhagat, filed a Letters Patent Appeal against the judgment of a learned Single Judge of the Bombay High Court, which had...

High Court

Bombay High Court at Goa Dismisses Petition Challenging Will in Succession Act Case — Upholds Validity of Will Executed by Testator with Alleged Diminishing Mental Capacity. Court Finds Propounder Discharged Burden of Proof Under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

30 Nov -0001

The judgment pertains to two writ petitions filed in the High Court of Bombay at Goa. The petitioners, Mr. Sudil R. S. Kakodkar and Mr. Nitin R. S. Ka...

High Court

Bombay High Court at Goa Upholds Appellate Authority's Order Allowing Landlord's Application Under Section 32(4) of Goa Rent Act for Non-Payment of Rent — Tenant's Justification of Family Litigation Rejected as Insufficient Cause. The court held that the tenant's default in depositing rent for over 9 years during the appeal warranted the drastic remedy of stopping proceedings and directing possession under Section 32(4) of the Goa, Daman & Diu (Lease, Rent and Eviction) Control Act, 1968.

21 Dec 2016

The petitioner, Smt. Kanchan Ramdas Moraskar, was a tenant of premises owned by the respondent, Dr. Armando Joao Benedito Mascarenhas (since deceased,...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Rejection of Plaint and Amendment in Specific Performance Suit — Consent Decree Not Binding on Third Party. Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

17 Apr 2026

The petitioner, Bharat Mulji Khona, was the defendant in a suit for specific performance filed by M/s. Fiza Construction Company (respondent no.1) see...

High Court

Madras High Court Partially Allows Partition Appeal, Upholds 1/2 Share for Plaintiff but Modifies Decree to Include Right of Residence for Defendant. Court holds that a co-owner in possession cannot be ousted without partition by metes and bounds, and that the trial court erred in granting a preliminary decree without considering the defendant's right of residence under Section 44 of the Transfer of Property Act, 1882.

9 Jun 2026

The appeal arises from a judgment and decree dated 28.02.2018 passed by the Fast Track Mahila Court, Dindigul, in O.S.No.65 of 2009, a suit for partit...

High Court

Bombay High Court Dismisses Interim Injunction in Specific Performance Suit — No Prima Facie Case for Restraint Against Developer. Court holds that mere existence of an agreement for sale does not entitle a plaintiff to an interim injunction restraining the defendant from dealing with the property, especially when the agreement is not registered and the plaintiff's conduct shows delay.

2 Mar 2017

The plaintiff, Sukhwant Properties Pvt Ltd, filed a suit for specific performance of an agreement for sale dated 15th October 2010, by which the 1st d...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 of Negotiable Instruments Act, 1881 Upheld. Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted by Accused.

12 Nov 2019

The petitioners, accused Nos.1 and 2, were convicted by the LVII Additional Chief Metropolitan Magistrate, Mayo Hall unit, Bengaluru in C.C.No.53439/2...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court's Order on Court Fee Valuation in Partition Suit — Suit Properly Valued Under Section 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

20 Feb 2018

The petitioners, defendant Nos. 3 and 4 in a partition suit (O.S. No. 53/2010) pending before the Principal Senior Civil Judge, Udupi, filed a writ pe...

High Court

Bombay High Court Considers PIL on Infrastructure of Judiciary; Examines Primacy of High Court's Recommendations for Additional Courts. Court Notes State Government's Delays and Insistence That Its Own Views Prevail, Highlighting Need for 867 Additional Courts and Special Courts for Vulnerable Groups.

11 Oct 2018

This public interest litigation was instituted by a chartered accountant, Vihar Durve, raising concerns about the infrastructure of the judiciary in t...

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