Search Results for "Maintainability of Civil Suit"

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Search Results for "Maintainability of Civil Suit"

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High Court

High Court of Karnataka Allows Appeal for Rectification of Mother's Name in Death Certificate — Trial Court Erred in Dismissing Suit as Not Maintainable Without Considering Merits. Civil Suit for Declaration and Direction Held Maintainable Despite Availability of Remedy Under Section 17 of Registration of Births and Deaths Act, 1969.

18 Jul 2025

The appellant, Suhas L., filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated...

High Court

Bombay High Court Allows State's Appeal in Land Acquisition Case — Acquisition Not Vitiated for Failure to Serve Notice on Unrecorded Purchaser. Civil Suit Challenging Acquisition Award Held Not Maintainable Under Land Acquisition Act, 1894.

10 Feb 2020

The case pertains to a second appeal filed by the State of Maharashtra against the judgment of the lower appellate court which had decreed the suit in...

Supreme Court

Supreme Court Dismisses Appellant's Appeal in Land Encroachment Case, Upholding Concurrent Findings of Fact. The Court held that the map prepared by revenue authorities is admissible under Section 83 of the Indian Evidence Act, 1872, and the civil suit is maintainable under Section 138 of the Maharashtra Land Revenue Code, 1966.

17 Sep 2019

The dispute arose between adjoining landowners in Mouza Sirsi. The plaintiffs (respondents) owned 6.07 hectares, and the defendant (appellant) owned 4...

Supreme Court

Supreme Court Allows Appeal by Municipal Corporation in Property Tax Dispute — Civil Suit Held Not Maintainable Due to Statutory Bar Under Delhi Municipal Corporation Act, 1957. The Court held that the Act provides a complete machinery for assessment and appeal, impliedly excluding civil court jurisdiction, and the Division Bench erred in remanding the matter without considering the finality clause under Section 171.

19 Aug 2019

The case involves a dispute between the South Delhi Municipal Corporation (SDMC) and M/s Today Homes and Infrastructure Pvt. Ltd. regarding the assess...

Supreme Court

Supreme Court Allows Municipal Corporation's Appeal in Property Tax Dispute — Civil Suit Barred by Statutory Remedy Under Delhi Municipal Corporation Act, 1957. The Court held that the remedy of appeal to the Municipal Taxation Tribunal under Section 169 is adequate and not onerous, thus excluding civil court jurisdiction.

19 Aug 2019

The case involves an appeal by the South Delhi Municipal Corporation (SDMC) against a Division Bench order of the Delhi High Court that set aside a Si...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Interim Relief in SARFAESI Act Case — Civil Suit Held Not Maintainable Due to Bar Under Section 34 of SARFAESI Act. Borrowers Must Avail Remedy Under Section 17 Before DRT Instead of Seeking Injunction in Civil Court.

27 Sep 2016

The case involves an appeal filed by the appellants, who are borrowers and guarantors, against an order of the Commercial Division of the Bombay High ...

High Court

High Court of Karnataka Dismisses Appeal by Corporate Debtor Against Banks in SARFAESI Act Proceedings — Civil Suit Barred Under Section 34 of SARFAESI Act as Alternative Remedy Under Section 17 Before DRT Exists.

29 Jan 2014

The appellant, Kingfisher Airlines Limited, a company registered under the Companies Act, 1956, had availed various credit facilities from a consortiu...

High Court

Bombay High Court Allows Second Appeal in Rent Control and Property Dispute — Tenant's Illegal Construction Not Proved, Suit for Possession and Mesne Profits Dismissed. The Court held that the civil suit was not barred by the pendency of eviction proceedings before the Rent Controller under the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968, but the plaintiff failed to prove illegal construction.

8 Sep 2010

The appellant (defendant in the trial court) challenged the judgment of the Additional District Judge, Mapusa, which partly allowed the appeal of the ...

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