Search Results for "Counter claim"

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Search Results for "Counter claim"

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High Court

Bombay High Court Dismisses Contractor/Developer's Challenge to Majority Arbitral Award in Construction Dispute. Court upholds award of Rs.7,35,000, Rs.10,80,000, interest, and costs under Section 34 of the Arbitration and Conciliation Act, 1996, finding no patent illegality or conflict with public policy.

10 Feb 2015

The petitioner, M/s. Raviuday Construction Co., a partnership firm, challenged a majority arbitral award dated 15 May 2012 passed by a three-member ar...

High Court

Bombay High Court Allows Writ Petition in Rent and Possession Dispute, Remands Suit for Fresh Adjudication on Merits — Appellate Court's Remand Order Set Aside for Lack of Proper Reasoning and Non-Compliance with Order 41 Rule 23 CPC.

5 Jul 2023

The petitioner, the original plaintiff, filed a writ petition challenging the judgment and decree dated 25/02/2020 passed by the District Judge-4, Cha...

High Court

High Court of Judicature at Bombay Hears Second Appeal on Section 53A Transfer of Property Act in Agricultural Land Possession Suit. Question Raised Whether Defendants Can Claim Protection of Part Performance Without Specific Pleading Despite Past Agreement.

15 Feb 2019

In a dispute over agricultural land, the original plaintiff, claiming as legal heir of her father, filed a suit for possession and mesne profits again...

High Court

Bombay High Court Allows Counter-Claim in Civil Suit Under Order VIII Rule 6A CPC — Rejects Trial Court's View That Counter-Claim Must Be Filed Only After Written Statement. The court held that a counter-claim can be filed after written statement but before settlement of issues, and the trial court's rejection was erroneous.

15 Jun 2026

The petitioners, Mandar Suresh Bhatwadekar and Dr. Shrirang Arun Limaye, were defendants in two civil suits (RCS/2249/2019 and RCS/2248/2019) filed by...

High Court

Bombay High Court Upholds Allowance of Counterclaim Filed After Commencement of Trial in Tenant-Landlord Dispute — Order VIII Rule 6-A CPC Permits Counterclaim Even After Written Statement if Filed Before Evidence Concludes. The court held that a counterclaim under Order VIII Rule 6-A CPC can be filed at any stage before the pronouncement of judgment, and the trial court's discretion to allow it subject to costs was proper.

3 Jan 2022

The petitioner, Krishnaji Amarlal Kruplani, was the original plaintiff in a civil suit (RCS No.168/2008) filed in 2008 before the Second Joint Civil J...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Counter Claim Directed Solely Against Co-Defendants. Counter Claim Must Be Directed Against Plaintiff Under Order 8 Rule 6A of Code of Civil Procedure, 1908.

13 Apr 2010

The appellant, defendant no.7 in Regular Civil Suit No. 8/1984, filed a counter claim against the Government of Goa (a co-defendant) after the origina...

High Court

Madras High Court Allows Counter-Claim Filed After Trial Commenced in Commercial Suit — Liberty Granted by Supreme Court to File Additional Pleadings Overrides Procedural Bar. The court held that the Supreme Court's order granting liberty to file additional pleadings includes the right to file a counter-claim, and the trial court erred in returning it.

30 Jan 2026

The respondent/plaintiff filed a commercial suit for recovery of Rs.2,84,85,962/- based on promissory notes. The petitioners/defendants filed a civil ...

High Court

Bombay High Court Allows Defendant's Counter Claim Despite Limitation Concerns in Summary Suit — Limitation is a Mixed Question of Law and Fact Not to Be Decided on Affidavits

3 Aug 2012

The case arises from a Summary Suit instituted in 1997 by Tube Investment of India Limited (Plaintiff) against Gulf Oil India Limited (Defendant) on t...

High Court

Bombay High Court Allows Second Appeal in Counter-Claim Case — Interpretation of Order 8 Rule 6A CPC. Appellant's counter-claim held maintainable despite being filed after written statement, as it arose from the same cause of action.

9 Jan 2020

The appellant (original plaintiff) filed a suit for perpetual injunction in respect of a house property. The respondent (original defendant) filed a w...

High Court

Bombay High Court Allows Revision Application Dismissed — Trial Court's Order Permitting Counter Claim for Rendition of Accounts Upheld. Counter claim arising from same transaction as plaintiff's suit for recovery of money is maintainable under Order 8 Rule 6A CPC even if filed after written statement.

10 Feb 2014

The applicant, M/s Parakh Sales Corporation, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging an...

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