Search Results for "stranger claim"

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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 "stranger claim"

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High Court

High Court of Karnataka Dismisses Appeal in Injunction Suit — Upholds Trial Court's Finding of Possession in Favor of Plaintiffs. The court held that the appellant-defendant failed to prove her title and possession over the suit property, and the plaintiffs established their prior possession and entitlement to injunction under Section 38 of the Specific Relief Act, 1963.

9 Dec 2020

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, by the unsuccessful defendant No.2, C.N. Leelava...

Supreme Court

Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

6 Mar 2025

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

High Court

High Court of Karnataka Allows Husband's Petition for Joint Custody of Minor Daughter in Family Court Dispute — Emphasizes Welfare of Child as Paramount Consideration Under Guardian and Wards Act, 1890. The court set aside the Family Court's order rejecting joint custody and remanded for fresh consideration, holding that joint custody can be granted to ensure both parents have meaningful access to the child.

5 Apr 2023

The petitioner, Mr. Joseph Kevin Selvadoray, husband of the respondent Shabana Bukht, filed a writ petition under Article 227 of the Constitution of I...

High Court

Bombay High Court Allows Deletion of Properties from Insolvent's Assets List in Insolvency Proceedings — Title of Stranger Cannot Be Adjudicated by Insolvency Court. The court held that the Insolvency Court has no jurisdiction to decide the title of a stranger to the insolvency and directed deletion of two flats from the list of assets of the insolvent under the Presidency Towns Insolvency Act, 1909.

2 Sep 2015

The case involves two Notices of Motion filed by Mrs. Renu Prakash Jaisingh seeking deletion of two residential flats from the list of assets of the i...

Supreme Court

Supreme Court Allows Appeal in Land Improvement Compensation Case — Constructive Res Judicata Not Applicable Due to Liberty Reserved by Earlier Order. The Court held that the claim for compensation under the Kerala Compensation for Tenants Improvements Act, 1958 is not barred by constructive res judicata because the Supreme Court had expressly kept open the remedy in the earlier proceedings.

5 Feb 2019

The dispute concerns a large tract of land originally belonging to Vengunadu Kovilakam, leased out in 1897 for 75 years. After the lease expired in 19...

Supreme Court

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.

20 Aug 2019

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

High Court

Bombay High Court Dismisses Appeal in Property Dispute — Will and Gift Deed Held Invalid. Court Held That the Will Was Not Proved Under Section 63 of the Indian Succession Act, 1925 and the Gift Deed Was Invalid for Lack of Acceptance and Registration Under Section 122 of the Transfer of Property Act, 1882.

30 Nov -0001

The case involves a dispute over a property located at Shanker Bhavan, French Bridge, Mumbai. The appellants, Shantaram Ganpat Gujar and Mrs. Kirti Sh...

Supreme Court

Restitution in Court Auction Sales: Upholding Justice Amidst Procedural Challenges Interpretation and Application of Section 144 CPC

14 May 2024

Restitution of Judgment Debtors in Court Auction Sales: Interpretation and Application of Section 144 CPC The legal issue in this appeal revolves aro...

Supreme Court

Supreme Court Allows Appeal in Landlord-Tenant Dispute Over Executability of Possession Decree Against Municipal Corporation. Decree for Possession of Immovable Property Held Executable Against Judgment-Debtor Despite Corporation's Claim of Public Purpose.

1 Jan 2023

The case involves a dispute between the appellant (original plaintiff, now deceased and represented by legal representatives) and the respondent, Muni...

High Court

Bombay High Court Dismisses Revision Application in Rent Control Dispute, Upholds Tenant's Claim Based on Family Membership Over Will. Court holds that a Will cannot override statutory succession under Section 5(11)(c) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, and that a person residing with the tenant at the time of death as a family member is entitled to tenancy.

21 Aug 2015

The case involves a dispute over tenancy rights in respect of Room No. E30, 3rd Floor, Tara Baug Estate, Mumbai. The suit premises were originally let...

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