Search Results for "long cause suit"

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Search Results for "long cause suit"

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High Court

Bombay High Court Adjudicates Writ Petition Against Order Refusing Rejection of Plaint in Commercial Suit. The petition challenges the Commercial Court's dismissal of an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, for rejection of the plaint in a commercial dispute involving foreign entities.

17 Apr 2025

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High Court

Bombay High Court Allows Second Appeal in Property Injunction Suit — Condonation of Delay Principles Reiterated. First Appellate Court erred in rejecting application for condonation of delay by applying strict standards instead of liberal approach under Section 5 of Limitation Act, 1963.

8 Oct 2018

The case involves a property dispute between family members. The plaintiff, Vinay Madhukar Kulkarni, filed a suit for perpetual injunction against the...

High Court

Bombay High Court Allows Restoration of Suit Dismissed for Default Under Order 9 Rule 4 CPC — Sufficient Cause Shown for Non-Appearance. The court held that the trial court erred in dismissing the restoration application without properly considering the appellant's explanation of illness, emphasizing liberal construction of procedural rules.

6 Oct 2010

The appellant, Sharad Bhagwat Joshi, filed an Appeal from Order against the order dated 01 March 2003 passed by the trial court in Misc. Application N...

High Court

Bombay High Court Allows Second Appeal in Property Injunction Suit — Condonation of Delay Principles Reiterated. First Appellate Court erred in rejecting delay condonation application by applying strict limitation principles instead of liberal approach under Section 5 of Limitation Act, 1963.

8 Oct 2018

The case involves a second appeal arising from a property dispute. The plaintiff, Vinay Madhukar Kulkarni, filed Regular Civil Suit No.155 of 2007 for...

High Court

Bombay High Court Allows Possession Claim by Lessee in Company Liquidation — Official Liquidator Directed to Hand Over Property Subject to Lease. Leasehold Rights Survive Winding Up and Official Liquidator Must Respect Lessee's Right to Possession Under Section 456 of Companies Act, 1956.

23 Jun 2017

The Provident Investment Company Ltd., a Government of Madhya Pradesh undertaking, filed an application seeking possession of leasehold land admeasuri...

Supreme Court

Supreme Court Quashes High Court Order in Civil Appeal Under Article 227 of Constitution of India. High Court Exceeded Jurisdiction by Setting Aside Ex-Parte Decree Without Examining Sufficient Cause Under Order IX Rule 13 CPC and by Acting as Appellate Court.

22 Apr 2025

The appeal arose from a High Court judgment dated 1 May 2024 allowing a writ petition under Article 227 of the Constitution of India filed by the resp...

High Court

Bombay High Court Dismisses Petition Challenging Condonation of Delay in Filing Written Statement — Delay of 9 years and 79 days condoned subject to costs of Rs.15,000/- as sufficient cause shown and no prejudice caused to plaintiff.

10 Oct 2019

The petitioner-plaintiff filed a suit for recovery of Rs.21,00,000/- paid as part consideration for purchase of a flat. The suit was dismissed in defa...

High Court

Bombay High Court Grants Interim Injunction in Trade Name Dispute Over 'Bhagat Tarachand' — Plaintiff Establishes Prima Facie Case of Proprietorship and Likelihood of Confusion. The court restrained defendants from using the trade name 'Bhagat Tarachand' or any deceptively similar name in their restaurant business at Inorbit Mall, Vashi, pending suit.

25 Aug 2010

The plaintiff, Vanita Dilip Chawla, filed a suit seeking a declaration that she is the registered proprietor of the trade name 'Bhagat Tarachand' and ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Interlocutory Order for Possession in Cooperative Society Dispute — Petitioner Failed to Show Exceptional Circumstances for Interference Under Articles 226 and 227 of the Constitution of India. The Cooperative Court's Order Directing Possession Pending Adjudication Was Upheld as the Society Had a Prima Facie Case for Redevelopment and Balance of Convenience Favoured the Society.

27 Sep 2012

The petitioner, a retired individual and member of the Ambaji Niketan Cooperative Housing Society, challenged an interlocutory order passed by the Coo...

High Court

Bombay High Court Allows Amendment in Plaint to Include Relief Against Transferee Pendente Lite in Property Dispute. Transfer of Property Act Section 52 Applies to Bind Transferee Pendente Lite by Decree.

4 Jul 2013

The petitioners filed Regular Civil Suit No.742 of 1996 seeking declaration and permanent mandatory injunction against the respondents regarding suit ...

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