Search Results for "Code of Civil Procedure"

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Family Court's Dismissal of Petition Challenging Flat Ownership Confirmed by High Court.  High Court Upholds Family Court's Dismissal Based on Order 2 Rule 2 of CPC

The Bombay High Court dismissed an appeal challenging the Family Court's judgment, which had dismissed a petition for sole ownership of a jointly owne...

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Land Compensation Dispute Resolved After Two Decades: Appeal Granted for Fair Assessment. The Nagpur Bench of the Bombay High Court remands a land acquisition case for fresh evidence and a fair decision on compensation parity.

The Bombay High Court, Nagpur Bench, addressed a long-standing dispute concerning land compensation. The appellants sought enhancement of compensation...

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Amendment Application in Partition Suit Rejected Due to Delay and Lack of Diligence - Bombay High Court Quashes Trial Court Order. Amendment to Pleadings Denied Post-Evidence Conclusion: No New Defendants Without Early Action.

The Bombay High Court set aside the trial court’s order allowing an amendment application filed under Order VI Rule 17 of the CPC after evidence had...

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Dispute Over Land Ownership and Tenancy Rights in Survey No. 73/1 at Mouje Rohinjan. Petitioner-Trust's Claim of Exemption Under Section 88-B of BT & AL Act Contested by Tenant's Rights and Historical Orders; MRT Decision Under Scrutiny.

This case involves a dispute over the land bearing Survey No. 73/1 at Mouje Rohinjan, with the petitioner claiming the land is part of their trust and...

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"Right to Sue in Mutual Consent Divorce Does Not Survive Death of Spouse, Rules Court" "Family Court affirms the personal nature of the right to divorce, dismisses appeal by deceased husband's family."

The case examines whether the right to sue for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, survives to the mother an...

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Insurance Company's Appeal Dismissed: Parents Entitled to Compensation Despite Separate Residence Motor Accident Claims Tribunal's decision upheld; parents' right to compensation affirmed even if not fully dependent on the deceased.

The Bombay High Court dismissed the appeal of an insurance company challenging the award passed by the Motor Accident Claims Tribunal (MACT) in favor ...

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Appellate Court Reverses Harsh Trial Court Order, Upholds Defendant's Right to Defense in Land Dispute. The court rules that the trial court's decision to strike off the defense was erroneous, emphasizing the need for careful consideration of evidence and true facts in property disputes.

In a civil suit concerning the sale of agricultural land, the plaintiffs sought specific performance of an agreement. The defendants (now appellants) ...

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Court Restores Original Decision, Declares Contempt Petition Time-Barred. High Court Review Overstepped Jurisdiction; Importance of Adhering to Limitation Periods in Contempt Proceedings Emphasized

The  judgment addresses a contempt petition regarding the failure of a Tahsildar to effect a mutation ordered by a Single Judge. The Division Bench (...

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Supreme Court Directs Compensation for Delayed Possession in Fiesta Homes Project. The Supreme Court mandates compensation for homebuyers, correcting NCDRC's oversight of the construction agreement's possession date.

The appellants, along with proforma respondents, filed a complaint against the first respondent-builder for delay in handing over possession of flats ...

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Legal Battle Over Mumbai Plot and Ground-Based Tower. Dispute Centers on License Agreement, Demolition Costs, and Jurisdictional Authority

The case revolves around a dispute between the Plaintiffs and Defendant regarding a leave and license agreement for a 250-square-foot plot in Mumbai. ...