Search Results for "civil suit limitation"

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High Court Frames Substantial Questions of Law in Second Appeal Involving Exclusive Right to Perform Puja in Privately Owned Temple. Appeal Raises Issues on Admissibility of Old Documents Under Section 90 of Indian Evidence Act and Bar of Suit Under Bombay Hindu Places of Public Worship Act, 1956.

Background: The litigation arose from a dispute between two Hindu communities, the Badaves (plaintiffs) and the Lingayats (defendants), over the right...

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Bombay High Court Dismisses Revision Against Refusal to Reject Plaint in Suit for Conveyance and Amenities. Plaint Disclosed Cause of Action and Claim for Conveyance is Continuing Cause of Action Not Barred by Limitation.

The case involves a civil revision application filed by the applicants (defendants in the suit) challenging the order of the learned Senior Civil Judg...

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Bombay High Court Dismisses Revision Against Decree Under Section 6 of Specific Relief Act — Auction Purchaser Cannot Dispossess Without Due Process. Prior Possession and Forcible Dispossession Within Six Months Entitle Plaintiff to Restoration Irrespective of Title.

The case involves a Civil Revision Application filed by Mr. Kadir Ilahi Bagwan (applicant) challenging the judgment and order dated 25th July 2016 pas...

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High Court Appoints Arbitrator and Grants Interim Relief in Loan Default Case Under Arbitration and SARFAESI Acts. Applicant Secures Protection for Mortgaged Property in Dispute with Respondents

The High Court of Bombay heard two connected applications filed by Tata Capital Housing Finance Limited against Inderjeet Sahni and others. The first ...

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Bombay High Court Dismisses Appeal Against Order of Status Quo and Appointment of Receiver in Property Dispute. Court Holds That Suit for Declaration and Injunction Is Not Barred by Limitation or Res Judicata and That Receiver Cannot Be Removed Without Proper Application.

The appeal arises from a suit filed by the respondents (Afzal Khan and others) against the appellants (Mehboob Ayub Khan and others) seeking declarati...

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Bombay High Court Allows Petition of Co-operative Housing Society Against Deputy Registrar's Order Directing Refund of Non-Occupancy Charges. Lease Deed Restrictions and By-laws Upheld; Registrar's Powers Under Section 79(2)(b) Cannot Override Society's By-laws.

The Petitioner, Mistry Park CHS Ltd., a co-operative housing society, challenged orders dated 18 October 2021 and 22 March 2022 passed by the Deputy R...

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High Court Examines Maintainability of Writ Petition Challenging Execution of MSME Arbitral Award on Grounds of Fraud. Court Considers Whether Execution Proceedings Can Be Quashed When Award Was Not Challenged Under Section 34 of Arbitration Act, 1996, Despite Participation in Arbitration.

The petitioner, Karnataka State Medical Supplies Corporation Limited, floated a tender for supply of drugs and disposable delivery kits. The responden...

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Supreme Court Considers Scope of Section 45 of Arbitration and Conciliation Act in International Commercial Disputes. Multiple Issues Framed on Reference to Arbitration in Multi-Party Joint Venture Agreements.

The dispute arose from a series of joint venture and ancillary agreements executed between Indian company Chloro Controls (I) P. Ltd. and foreign coll...