Search Results for "premature suit"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "premature suit"

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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 Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

11 Feb 2011

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit, Holding That Dismissal of Prior Suit as Premature Does Not Operate as Res Judicata. Finding on Will in Earlier Suit Not Binding When Suit Dismissed on Technical Ground.

16 Apr 2019

The case involves a dispute over possession of a suit property. The plaintiff, Deepali Dinanath Pawaskar, claimed title through a Will dated 5th May 1...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Eviction Petition Under Delhi Rent Control Act, 1958 Due to Res Judicata. The Second Eviction Petition Was Barred as the First Petition's Dismissal for Failure to Prove Landlord-Tenant Relationship Constituted a Decision on Merits Under Order 17 Rule 3 CPC, Attaining Finality Under Section 11 CPC.

29 Mar 2023

The appeal originated from an eviction petition under the Delhi Rent Control Act, 1958. The appellants, as landlords, filed a second eviction petition...

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 Revision Applications in Rent Control Dispute — Licence vs. Lease Determination. Court upholds findings that agreement was a lease under Transfer of Property Act, not a licence, and that tenant sublet premises without consent, violating Bombay Rent Act.

8 Jan 2016

The case involves two Civil Revision Applications filed by Messrs Miscellenary Marketers Pvt. Ltd. (defendants) against Messrs SunNSand Pvt. Ltd. (pla...

High Court

Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Licence vs. Lease Determination Under Bombay Rent Act, 1947. Agreement for use of shop premises held to be a lease, not a licence, based on exclusive possession and intention of parties.

8 Jan 2016

The case involves two Civil Revision Applications filed by Messrs Miscellenary Marketers Pvt. Ltd. (defendants) against Messrs SunNSand Pvt. Ltd. (pla...

Supreme Court

Supreme Court Allows Appeal of Municipal Corporation in Solid Waste Project Injunction Case — Environmental Claims Lacked Scientific Evidence. Court Restores Trial Court's Dismissal of Suit, Holding That Civil Courts Cannot Restrain Statutory Projects Based on Unsubstantiated Apprehensions.

1 Jan 2020

The Supreme Court allowed the appeal of Ratnagiri Nagar Parishad against the judgment of the Bombay High Court which had affirmed the decree of perman...

High Court

Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

17 Sep 2018

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

28 Aug 2013

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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