Search Results for "Pre-emption"

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Search Results for "Pre-emption"

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Supreme Court

Supreme Court Dismisses Defendants' Appeal in Pre-emption Suit, Upholding Tenant's Right to Purchase Urban Immovable Property. The Court Held That a Notification Exempting Sale of Land in Municipal Areas Under Section 8(2) of the Punjab Pre-emption Act, 1913 Did Not Apply to Urban Immovable Property (Rolling Mill), and the Suit Was Within Limitation Under the Limitation Act, 1963.

6 Feb 2024

The dispute arose from a suit for pre-emption filed by the respondents (plaintiffs) against the appellants (defendants) concerning a plot measuring 71...

Supreme Court

Supreme Court Allows Appeal in Pre-emption Case Under West Bengal Land Reforms Act — Full Consideration Must Be Deposited at Time of Filing Application. The Court held that the pre-emptor must deposit the entire consideration as per the sale deed, not a self-assessed amount, and failure to do so renders the application invalid.

17 Oct 2019

The case involves a dispute over the right of pre-emption under the West Bengal Land Reforms Act, 1955. The appellants purchased a plot of land from t...

Supreme Court

Supreme Court Allows Appeal in Pre-emption Case Under Rajasthan Pre-emption Act, 1966 — Right of Pre-emption Not Available Where Vendee Has Equal or Inferior Right. Court Holds That Under Section 5(1)(c) of the Act, a Claimant Must Have a Superior Right to That of the Vendee; Otherwise, No Right Accrues.

17 Jan 2020

The appeal arises from a judgment of the Rajasthan High Court dismissing a second appeal under Section 100 of the Code of Civil Procedure, 1908. The d...

High Court

Bombay High Court Dismisses Pre-emption Suit as Barred by Limitation — Portuguese Civil Code Article 1566 Governs Period for Pre-emption in Goa. Court holds that Article 1566 of Portuguese Civil Code, 1867 providing a 6-month limitation period for pre-emption suits is not impliedly repealed by the Indian Limitation Act, 1963.

21 Feb 2014

The appellants filed a suit for pre-emption against the respondents, seeking to exercise their right to purchase property. The suit was dismissed by t...

Supreme Court

Supreme Court Allows Appeal in Hindu Succession Act Pre-emption Case — Section 22 Applies to Agricultural Land. The Court held that Section 22 of the Hindu Succession Act, 1956, which confers a right of pre-emption upon co-heirs, applies to agricultural land, overruling the contrary view taken in Atam Prakash v. State of Haryana.

1 Jan 2026

The case involves a dispute between siblings who inherited agricultural land from their father, Nanhu, as Class I legal heirs under the Hindu Successi...

High Court

Bombay High Court Allows Amendment of Plaint in Pre-emption Suit Under Portuguese Civil Code — Right of Co-owner to Purchase Share Not Extinguished by Sale to Third Party. The court held that at the pre-trial stage, amendments to pleadings should be liberally allowed to determine the real controversy, and the trial court erred in dismissing the application under Order VI Rule 17 CPC.

7 Feb 2025

The petitioners, as co-owners of a suit property, filed a suit for declaration, specific performance, and injunction against the respondents, who are ...

High Court

High Court of Bombay, Aurangabad Bench, Allows Writ Petitions and Directs Framing of Issues Regarding Validity of Partition under Fragmentation Act. Trial Court's Rejection of Applications for Additional Issue Set Aside; Civil Court Must Refer Questions to Competent Authority under Sections 36-A and 36-B of the Bombay Prevention of Fragmentation & Consolidation of Holdings Act, 1947.

15 Feb 2019

The dispute arose from a family partition of dry agricultural land admeasuring 52-R among brothers Tulshiram, Vasant, and Chandrakant, who had partiti...

High Court

High Court of Bombay at Goa Reviews Civil Revision Application Against Order Rejecting Application for Rejection of Plaint Under Order 7 Rule 11 CPC. The Applicant Contended that Pre-emption Suit was Barred by Six-Month Limitation under Articles 1566 and 2309 of Civil Code, 1867.

19 Jan 2023

The matter arose from a Civil Revision Application filed before the High Court of Bombay at Goa by the original defendant no.1 challenging the order d...

Supreme Court

Supreme Court Dismisses Appeal in Pre-emption Case, Holding Limitation Runs from Each Sale Under Rajasthan Pre-Emption Act, 1966. Each Sale of Property Gives Fresh Cause of Action for Pre-emption, and Failure to Challenge Earlier Sales Does Not Bar the Right Under Article 97 of Limitation Act, 1963.

13 Oct 2020

The appeal arose from a suit for pre-emption filed by the predecessor-in-interest of respondent No.1 (original plaintiff) against the appellant and ot...

Supreme Court

Supreme Court Rules that Setting Aside Ex Parte Decree Means Fresh Decree is Decree of First Instance for Pre-emption Rights. Pre-emptor's Right Must Exist on Date of Fresh Decree Under Section 15, Punjab Pre-emption Act, 1913.

31 Jul 2026

The case arose from a suit for possession based on the right of pre-emption under the Punjab Pre-emption Act, 1913. The appellant, Vijay Singh, a cosh...

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