Search Results for "pre-emption rights"

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High Court of Gujarat Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Does Not Confer Ownership; Plaintiff Failed to Prove Payment of Consideration and Possession.

The appellant, original plaintiff, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree d...

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Ensuring justice through fair compensation and rectification of errors. Court Orders Appellants to Deposit Deficiency and Compensate Respondents

Pre-emption suit concerning disputed property, where the appellants seek relief due to a calculation error in their deposit. Despite attempts to recti...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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Supreme Court Dismisses Appeal Against Concurrent Findings of Collusive Decree in Property Dispute. The Court upheld the lower courts' conclusion that a decree obtained by collusion was not binding on the plaintiffs, and purchasers under a subsequent sale deed were bona fide purchasers.

The appeal arose from a property dispute where the original plaintiff, Jaspal Singh, residing in West Germany, authorized Kidar Singh via a special po...

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Bombay High Court Allows Second Appeal in Fragmentation Act Case — Preferential Right of Contiguous Land Owner Upheld. Sale of Fragmented Land to Non-Contiguous Purchaser Violates Section 7 of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.

The appellant, Vilas Shivmurti Munde, filed a second appeal against the dismissal of his suit for declaration and injunction. The suit sought to decla...

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High Court of Bombay at Goa Dismisses Appeal by Goa University Against Injunction in Easement Dispute. Right of Way Claim Upheld Based on Long User and Necessity Under Indian Easements Act, 1882.

The case involves an appeal by Goa University (original defendants) against an order dated 24.06.2016 passed by the District Judge-1, North Goa, Panaj...

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Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

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Bombay High Court Dismisses Second Appeal in Pre-emption Suit — Letter Held to Constitute Waiver of Right of Pre-emption. Agreement among co-sharers to give preference in sale was waived by plaintiff's letter consenting to sale to stranger.

The appellant, original plaintiff, filed a second appeal against the judgment and decree dated 31.08.1994 in Regular Civil Appeal No. 2/1993 passed by...