Search Results for "suit tenability"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "suit tenability"

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High Court

Bombay High Court Grants Interim Stay on Personal Guarantee Enforcement in CDR Failure Case — Deed of Guarantee Held Not Enforceable Due to Conditional Nature and Subsequent Termination Events. The court found that the guarantee was conditional upon CDR sanction and automatically terminated upon CDR failure and the guarantor's resignation, making it unenforceable against the personal guarantor.

14 Dec 2024

The Plaintiff, Deepen Arun Parekh, filed a suit seeking a declaration that the Deed of Guarantee dated 10 April 2014 executed by him in favour of the ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in Suit for Possession Under Section 6 Specific Relief Act — Suit Filed Beyond Limitation of Six Months. Order 7 Rule 11 CPC Application Allowed as Plaint on Face Value Showed Suit Was Time-Barred.

29 Apr 2022

The petitioners, Shri Anandraj S/o Khemraj Dhariwal and Smt. Santoshidevi wd/o Khemraj Dhariwal, filed a suit for restoration of possession under Sect...

High Court

Bombay High Court Quashes Permission to Sue Under Section 51 of Maharashtra Public Trusts Act for Violation of Natural Justice. Notice to Proposed Defendant Trust Mandatory Before Granting Consent to File Civil Suit.

3 Jul 2019

The petitioner, Shri Shivaji Shikshan Sanstha, Amravati, challenged an order dated 3.7.2019 passed by the Assistant Charity Commissioner, Bhandara, wh...

High Court

Bombay High Court Quashes Condonation of 9-Year Delay in Recall Application in Suit Withdrawal Case — Unconditional Withdrawal Under Order XXIII Rule 1(1) CPC is Plaintiff's Absolute Right. The court held that the plaintiff's right to unconditionally withdraw a suit is absolute and cannot be fettered by the court, and a delay of over 9 years in seeking recall of such an order cannot be condoned without sufficient cause.

21 Feb 2025

The petitioner, M/s. Vaishnavi Engineers and Developers Private Limited, had filed a suit (RCS No. 782 of 2012) against the respondents seeking declar...

High Court

Bombay High Court Dismisses Second Appeal in Property Injunction Dispute Due to Lack of Challenge to Co-Decree. Civil Court's Jurisdiction Under Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 Not Considered as Appeal Dismissed on Procedural Ground.

14 Nov 2014

The present second appeal arises from a property dispute between Kamlabai Suresh Khadse (appellant) and Tukaram Rajaram Ingole, Mahadev Rajaram Ingole...

High Court

Bombay High Court Dismisses Appeal Against Decree for Specific Performance of Contract Due to Non-Deposit of Balance Consideration. Appellant failed to deposit balance amount within extended period under Section 28 of Specific Relief Act, 1963, leading to dismissal of appeal.

6 Jan 2010

The case involves a First Appeal filed by defendant no.1(iii), a legal heir of original defendant no.1, challenging a decree for specific performance ...

High Court

Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

28 Sep 2022

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

High Court

Bombay High Court Allows Priority Payment of Crew Wages and Expenses as Sheriff's Expenses from Sale Proceeds of Arrested Vessel. The court held that wages paid to crew members and expenses incurred by P&I Correspondent for necessities after arrest are Sheriff's expenses and rank in priority over other claims.

18 Jan 2023

The case involves an interim application filed by crew members (Applicant Nos. 1 to 44) and the P&I Correspondent (Applicant No. 45) seeking to treat ...

High Court

Bombay High Court Allows Second Appeal in MRTP Act Case — Notice Under Section 53(1) Challenged as Nullity for Shortfall in Statutory Period. Bar Under Section 149 of Maharashtra Regional and Town Planning Act, 1966 Does Not Apply When Notice Itself Is Invalid for Non-Compliance with Mandatory Period.

20 Jan 2015

The appellant, Kishor S/o Ramalu @ Rambhau Telang, was the original plaintiff who received a notice dated 18.11.2010 under Section 53(1) of the Mahara...

High Court

Bombay High Court Upholds Constitutional Validity of Maharashtra Tax on Lotteries, Betting and Gambling Act, 2006 — Levy on Entry Fee for Games of Skill and Chance Upheld. The Court held that the tax on entry fee for games like poker, rummy, and bridge is a valid compensatory tax under Entry 62 of List II of the Seventh Schedule to the Constitution of India.

10 Apr 2012

The judgment concerns a batch of writ petitions challenging the constitutional validity of the Maharashtra Tax on Lotteries, Betting and Gambling Act,...

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