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Search Results for "Court Commissioner"

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High Court

High Court Quashes Trial Court Order Appointing Court Commissioner in Encroachment Suit as Premature Before Plaintiff's Evidence. Appointment Under Section 75 Read with Order 26 Rule 9 of Code of Civil Procedure, 1908, is Impermissible for Evidence Collection When Plaintiff Has Not Yet Discharged Burden of Proof in Mandatory Injunction Suit Regarding Government-Acquired Land.

24 Mar 2026

The High Court of Judicature at Bombay, Aurangabad Bench, heard a writ petition challenging an order dated 18.07.2024 passed by the Civil Judge, Senio...

High Court

High Court of Bombay Allows Landlord's Revision, Reinstating Eviction Decree on Grounds of Permanent Alterations, Acquisition of Suitable Residence, and Nuisance Under Bombay Rent Act. Appellate Court's Reversal Found Perse as Tenants Made Structural Changes Without Permission, Acquired Alternative Residence in Pune, and Caused Annoyance Through Seepage and Hazards, Violating Sections 13(1)(b), 13(1)(l), and 13(1)(c) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

10 Mar 2026

The dispute arose from a civil revision application filed by the landlord under Section 115 of the Code of Civil Procedure, 1908, challenging the Appe...

High Court

High Court of Karnataka Dismisses Wife's Writ Petition in Divorce Proceedings Due to Protracted Litigation and Imposes Costs. Family Court's Order Denying Recall of Witness for Further Cross-Examination Upheld as Wife Had Multiple Opportunities But Caused Deliberate Delay, Violating Court Directions Under Order XVIII Rule 17 CPC.

9 Feb 2026

The dispute originated from a divorce petition filed by the husband in 2019 seeking dissolution of marriage. The wife, as respondent, engaged in protr...

High Court

Delegating Discretion: Parsi Matrimonial Courts Can Record Evidence Via Commissioner Balancing tradition and modernity under PMDA for expeditious justice.

21 Nov 2024

The Bombay High Court upheld the discretion of Parsi Matrimonial Courts to direct the recording of evidence before a Court Commissioner under Order X...

High Court

Tenant’s Unauthorized Permanent Constructions on Rented Premises Lead to Eviction Order by Bombay High Court. The Bombay High Court upheld eviction due to permanent structural alterations without landlord consent, as per Section 13(1)(b) of the Bombay Rent Act, emphasizing unauthorized tenant alterations constitute a valid eviction ground.

24 Oct 2024

Key Acts and Sections Discussed Bombay Rent, Hotel and Lodging House Rates Control Act, 1947 Section 13(1)(b): Prohibits tenant from erecting pe...

High Court

Case Analysis on Unauthorized Construction in Rental Property. A dispute regarding unauthorized permanent construction without landlord’s consent under the Maharashtra Rent Control Act, 1999.

21 Oct 2024

The Bombay High Court addressed a petition filed by Mrs. Binaifer Batiwala, challenging an eviction order issued by the Appellate Court. The dispute s...

High Court

Court Quashes Order for Early Appointment of Court Commissioner in Property Dispute. High Court emphasizes proper sequencing of evidence before appointing a Court Commissioner.

26 Aug 2024

The High Court has set aside an order passed by the Trial Court that allowed the appointment of a Court Commissioner to survey, measure, and map the s...

Supreme Court

Appeal for Specific Performance in Property Sale Agreement Dismissed. First Plaintiff Awarded One-Half Undivided Share; Lower Courts' Decisions Upheld with Modifications

9 Jul 2024

The appeal challenging the decree of specific performance of a property sale agreement was dismissed. The trial court, first appellate court, and High...

Supreme Court

Supreme Court Partially Modifies High Court Judgment on Partition of Ancestral Properties. Respondents' entitlement to shares adjusted; self-acquired properties excluded from partition.

8 Jul 2024

Civil Appeals challenge the judgment of the High Court of Karnataka, Dharwad Bench, in R.F.A. No.3052 of 2010 and Cross-objection No. 103 of 2011. The...

High Court

Court Upholds Final Partition Decree, Dismisses Late Will Submission by Defendant No.8 Defendant's attempt to modify shares based on a newly surfaced Will rejected; court emphasizes finality of judicial proceedings.

1 Jul 2024

This Writ Petition challenges the rejection of Defendant No.8's application by the Joint Civil Judge (Senior Division), Nashik, which sought to frame ...

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