Search Results for "Suit Competency"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Suit Competency"

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Supreme Court

Supreme Court Reverses High Court Decision and Upholds Dismissal of Second Suit on Grounds of Res Judicata and Order II Rule 2 CPC. The Court held that the second suit was barred as it involved the same parties, subject matter, and cause of action as the first suit, and the High Court erred in interfering with concurrent findings under Section 100 CPC.

9 Apr 2026

The dispute originated from an adoption deed dated March 23, 1961, where Respondent allegedly adopted Channappa. In 2002, Respondent filed Suit-I (O.S...

Supreme Court

Supreme Court Dismisses State's Suit Under Article 131 for Lack of Cause of Action and Suppression of Material Facts. The suit challenging the validity of notifications under the DSPE Act was held not maintainable as the dispute was not between the State and the Union but between the State and its own officers.

10 Jul 2024

The State of West Bengal filed a suit under Article 131 of the Constitution of India against the Union of India, challenging the validity of notificat...

Supreme Court

Supreme Court Dismisses Civil Appeal in Property Dispute Involving Settlement Deeds and Limitation. Vested Interest Under Transfer of Property Act, 1882, Section 19 Upheld, with Suit Not Barred by Limitation Under Limitation Act, 1963, Article 65.

13 Feb 2024

The dispute originated from a series of settlement deeds executed in 1947 and 1952 by Thayammal, involving property rights granted to her sons and dau...

Supreme Court

Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

12 Jan 2024

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Possession and Title Based on Registered Sale Deed.

4 Aug 2022

The appellant/plaintiff filed a suit for declaration of title and permanent injunction in respect of three agricultural properties. He claimed to have...

High Court

Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

23 Mar 2022

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

High Court

Bombay High Court Allows Writ Petition Challenging Stay of Eviction Suit Under Section 10 CPC — Jurisdictional Difference Between Small Causes Court and Civil Court Precludes Stay. The Court held that a suit for eviction under the Provincial Small Cause Courts Act, 1887 and Maharashtra Rent Control Act cannot be stayed under Section 10 CPC pending a prior declaratory suit before a Civil Court under Section 9 CPC, as the matters in issue are not directly and substantially the same.

5 Aug 2020

The petitioner, Rahul Subhash Bothra, filed Regular Civil Suit No. 41 of 2015 before the Civil Judge Junior Division, Ghodnadi, Shirur, Pune, seeking ...

High Court

Bombay High Court Overrules Earlier View on Small Cause Court Jurisdiction — Holds That Investment Under Section 28 of Bombay Civil Courts Act, 1869 Does Not Confer Unlimited Pecuniary Jurisdiction. The court ruled that the pecuniary ceiling under Section 26 of the Provincial Small Cause Courts Act, 1887 applies to courts invested with small cause powers under Section 28 of the 1869 Act, overruling Salimkhan v. Mohammad Ibrahimkhan.

5 Oct 2010

The case arose from a reference by a learned Single Judge (Shri B.P. Dharmadhikari, J.) who disagreed with an earlier decision in Salimkhan v. Mohamma...

Supreme Court

Supreme Court Decides on the Validity of Arbitral Award Covering Foreign Immoveable Properties Excluded from Preliminary Decree in a Partition Suit. Construction of Reference to Arbitration under Section 21 of the Indian Arbitration Act, 1940 Clarified.

13 Nov 1959

The dispute arose from a partition suit filed by the respondent, Subramaniam Chettiar, against his brother, Nachiappa Chettiar, and his sons (appellan...

High Court

Bombay High Court Dismisses Appeal in Property Dispute Over Succession and Title — Upholds Trial Court's Finding That Plaintiff Failed to Prove Ownership. Succession Certificate Not Conclusive Proof of Title; Plaintiff Must Establish Independent Right to Property.

30 Nov -0001

The appellant, Madhukar Venkatesh Ullal, filed a suit in the Bombay High Court seeking declaration of title and possession of a property. He claimed t...

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