Search Results for "declaratory decree"

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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 "declaratory decree"

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High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Negative Declaration of Marriage. The court held that a suit seeking declaration that no marriage was solemnized is maintainable under Section 9 CPC and Section 34 Specific Relief Act, 1963, as it pertains to legal character and status.

6 Mar 2025

The case involves a civil revision application filed by the defendant (applicant) against an order of the Civil Judge rejecting the defendant's applic...

High Court

High Court of Karnataka Dismisses Civil Revision Petition for Abatement Due to Failure to Implead Legal Representatives of Deceased Respondent. Delay of 5637 days in seeking substitution not condoned as no sufficient cause shown, resulting in abatement of appeal against deceased respondent.

27 Jan 2025

The petitioner, Sri K.K. Monnappa, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Executing Court's Refusal to Reopen Partition Decree Based on Will. Executing Court Cannot Go Behind a Final Decree to Redetermine Shares on Basis of Alleged Will Produced After Decree Became Absolute.

1 Jul 2024

The Bombay High Court dismissed a Writ Petition challenging the order of the Executing Court rejecting an application for framing of issues and modifi...

High Court

Bombay High Court Dismisses Second Appeals in Specific Performance Suit, Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Held Valid and Enforceable Despite Non-Registration of Power of Attorney.

16 Apr 2024

The case involves two second appeals arising from a suit for specific performance of an agreement to sell agricultural land. The plaintiff, Hiren Veni...

High Court

Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property.

25 Apr 2023

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a ...

Supreme Court

Supreme Court Allows Appeal in Registration Act Case — Compromise Decree Not Requiring Registration. Compromise decree relating to suit property does not require registration under Section 17(2)(vi) of Registration Act, 1908.

31 Jan 2020

The appeal arose from a judgment of the High Court of Madhya Pradesh at Indore Bench dated 13.02.2017, which dismissed the appellants' writ petition c...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Amendment in Final Decree Proceedings — Inclusion of Joint Family Property Permitted Under Order 6 Rule 17 CPC. The court held that final decree proceedings are a continuation of the suit and amendment to include inadvertently omitted joint family property is permissible to avoid multiplicity of suits.

7 Jul 2015

The petitioner, Smt. Janaki, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 17.08.2012 passed by the ...

High Court

Bombay High Court Allows Execution Petition for Specific Performance Despite Delay, Holding Limitation for Execution Runs from Date of Decree Becoming Final. The court clarified that under Article 136 of the Limitation Act, 1963, the 12-year period for execution of a decree for specific performance commences from the date the decree becomes final, not from the date of the decree.

13 Jun 2013

The petitioner, the original plaintiff in Special Civil Suit No.1208 of 1994, filed a suit for specific performance of an Agreement of Sale dated 25th...

High Court

Bombay High Court Dismisses Application to Set Aside Ex-Parte Order in Property Dispute Due to Limitation. Delay of Over 3 Years in Challenging Ex-Parte Decree Under Order 9 Rule 13 CPC Held Not Sufficiently Explained.

13 Jul 2005

The case involves a Chamber Summons filed by the Plaintiff/Applicant, Smt. Gopi, widow of Tarachand R. Advani, seeking to set aside an ex-parte order ...

Supreme Court

Supreme Court Dismisses Appeal of Sons against Decree Restoring Half Share in Ancestral Land – Customary Law Bars Female Heirs from Taking Advantage of Declaratory Decree Under Punjab Custom (Power to Contest) Act, 1920, Despite Hindu Succession Act, 1956. The Court Examined Whether the Hindu Succession Act Overrode the Customary Competence Requirement, and the Scope of Appellate Power Under Order 41 Rule 33 CPC.

11 Mar 1969

The dispute arose from an ancestral land alienation made by a Hindu Jat, J, in 1916 without legal necessity, governed by Punjab Customary Laws which b...

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