Search Results for "Specific Relief Act"

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Supreme Court Allows Co-operative Bank Appeal Against Sureties -- Holds Sureties Liable for Original Loan Under Section 133 of Indian Contract Act, 1872 -- Gujarat High Court Order Set Aside in Recovery Dispute

The Supreme Court allowed appeal by Appellant against High Court order that discharged sureties from all liability -- The Court held that under Sectio...

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High Court Dismisses Revision Application in Possession Dispute - Applicant Challenge to Decree Under Section 6 of Specific Relief Act Fails - Trial Court's Order Restoring Possession Upheld

The High Court dismissed the Civil Revision Application filed by the Applicant-Defendant challenging the Trial Court's decree in Special Civil Suit No...

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint Under Order VII Rule 11(d) CPC in Suit for Declaration and Specific Performance -- Applicant Application Rejected, Anil Hariprasad Jejani's Suit to Proceed

The High Court of Judicature at Bombay, Nagpur Bench dismissed Civil Revision Application No.117 of 2025 filed by Ramesh Bhagirath Rander (applicant/d...

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Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...

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Bombay High Court Refused Permission to Abandon Part of Declaration Claim at the Appellate Stage. 

Order XXIII Rule 1(1) of the Code of Civil Procedure, 1908 – Right to Withdraw Suit or Abandon Part of Claim – Appellate Stage – Effect of Trial...

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High Court Quashed Appellate Order, Restored Temporary Injunction in Specific Performance Suit. Bombay High Court held that an unregistered Agreement for Sale is admissible as evidence in a suit for specific performance and reversed the appellate court’s decision denying temporary injunction.

A discretionary order granting a temporary injunction should not be interfered with unless it is arbitrary or perverse (Wander Ltd. vs. Antox India P....

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Bombay High Court Affirmed Maintainability of Suit for Negative Declaration of Marital Status

Declaration of Legal Character – Suit Seeking Negative Declaration – Section 34 of the Specific Relief Act, 1963 – Jurisdiction of Civil Courts ...

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Ex-Parte Decree – Condonation of Delay – Equitable Jurisdiction – Reinstatement of Trial Court’s Order

The Supreme Court allowed the appeal and set aside the High Court’s order, thereby restoring the Trial Court’s decision rejecting the appl...

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Bombay High Court Quashed Termination Notice Due to Unfair and Arbitrary Action

Contract Law – Judicial Review – Public Law Element – Principles of Fairness and Reasonableness – Article 14 of the Constitution of India The...