Search Results for "injunction against alienation"

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Search Results for "injunction against alienation"

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Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

8 Apr 2011

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...

Supreme Court

Supreme Court Allows Appeal in Land Title Dispute Against Government — Holds That Government Cannot Unilaterally Resume Land Without Following Due Process and Payment of Compensation. Court Restores Trial Court Decree Declaring Appellants' Title Based on Valid Sale Deed and Pattadar Passbook, Setting Aside High Court's Reversal.

24 Mar 2025

The case involves a dispute over 3.34 acres of land in Kurnool District, Andhra Pradesh. The appellants claimed title through a chain of transactions ...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Holds That Bar Under Section 47 CPC Does Not Apply to Persons Not Bound by Previous Decree. The Court ruled that the lower appellate court erred in applying the bar of Section 47 read with Order XXI Rule 101 CPC to a suit filed by persons who were not parties to the earlier decree.

11 Mar 2016

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant (original defendant) against the judg...

High Court

Bombay High Court Allows Second Appeals in Property Dispute — Sale Deeds by Coparcener Without Legal Necessity Set Aside. Court holds that a coparcener cannot alienate joint family property without legal necessity or benefit to the estate, and that the burden of proof lies on the alienee to show necessity.

11 Nov 2013

The case involves two second appeals arising from Regular Civil Suit No. 232 of 1983 and Regular Civil Suit No. 74 of 1986, both filed by the appellan...

High Court

Bombay High Court Upholds Trial Court's Order Allowing Oral Evidence in Temporary Injunction Proceedings Under Order 39 Rule 1 CPC. The Court has inherent jurisdiction to permit oral evidence for just and effective adjudication of interim injunction applications.

27 Apr 2018

The petitioner, Babulal Onkardas Kabra, was the original defendant in a suit filed by the respondents, Nilesh, Shailesh, and Rakesh Pukhraj Rathod, in...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Application Under Order XXXIX Rule 2A CPC for Alleged Violation of Injunction Order. Court holds that mere filing of a suit for permanent injunction does not automatically establish willful disobedience of an interim order without proof of specific notice and deliberate defiance.

23 Feb 2021

The appellants, who were plaintiffs in a suit for permanent injunction, filed an application under Order XXXIX Rule 2A CPC alleging that the responden...

Supreme Court

Protecting the Rights of the Appellant: Court Rules Against Bonafide Purchasers in the Doctrine of Lis Pendens Case. Rejection of Defence and Upholding of Decree in a Property Dispute

3 May 2024

The proceedings and judgment of an appeal filed before a court, challenging a judgment and order passed by the Punjab and Haryana High Court on 03.10....

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute Over Inheritance and Limitation Under Mysore Hindu Law Women's Rights Act, 1933. The Court held that the suit for recovery of possession was barred by limitation as the appellants filed beyond 12 years from accrual of title, and the widow's preference under Section 4 of the Act rendered the grand-daughter's sale non est.

3 Apr 2019

The case involves a property dispute over the estate of Ramanna, who died in 1907. Ramanna was survived by his second wife Seethamma and a daughter Ve...

Supreme Court

Supreme Court Quashes High Court's Interim Injunction Order Affecting Third Parties' Property Rights Without Hearing. Interim Injunction Cannot Be Granted Against Persons Claiming Rights in Suit Properties Without Impleading Them as Parties and Providing Opportunity of Hearing Under Order XXXIX Rules 1 and 2, Code of Civil Procedure, 1908.

17 Nov 2021

The Supreme Court addressed appeals by third parties aggrieved by an interim injunction order passed by the High Court of Karnataka in a partition sui...

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