Search Results for "Suit Access"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "Suit Access"

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Supreme Court

Supreme Court Allows Transfer Application in Civil Suit, Clarifying Common High Court's Jurisdiction Under CPC. Common High Court Has Power Under Section 24 CPC to Transfer Proceedings Between Civil Courts in Different States Within Its Territorial Jurisdiction, as Both Courts Are Subordinate, While Section 25 Applies Only to States with Different High Courts.

28 Feb 2023

The dispute originated from a suit filed by the appellants in 2007 in the District Court at Dimapur, Nagaland, seeking declaration of right, title, in...

High Court

Bombay High Court Dismisses Plaintiff's Copyright Infringement Claim Against Film 'Umeed' — No Substantial Similarity Found. Court holds that ideas and themes are not copyrightable under the Copyright Act, 1957, and that the plaintiff failed to establish access or copying.

15 Jan 2020

The plaintiff, Shivani Tibrewala, a writer/director, filed a suit alleging copyright infringement by the defendants, Rajat Mukherjee and others, in re...

High Court

Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

17 Sep 2018

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Revisional Order in Kiosk Dispute — Licensee vs. Occupier Under Section 257 of Goa Municipalities Act, 1968. The Court held that the Chief Officer's order for eviction was quasi-judicial and the Revisional Authority had jurisdiction to set it aside on merits.

8 Mar 2018

The petitioner, Shri Noordin Shamshuddin Ramjee, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order d...

High Court

High Court of Karnataka Upholds DNA Test Order in Partition Suit to Determine Paternity — Trial Court's Direction for Blood Sample Collection Under Section 45 r/w 56 of Indian Evidence Act, 1872 and Section 151 CPC Upheld. The court held that DNA testing is a reliable scientific method to establish paternity and is necessary for just adjudication of the suit.

3 Dec 2015

The petitioner, Rajanaika, was the first defendant in a partition suit (O.S.No.170/2010) filed by his son, Umesh (plaintiff/respondent no.1), seeking ...

High Court

Bombay High Court Holds Suit Maintainable Despite Absence of Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960 — Reliefs Against Society Are Consequential, Not Adversarial

10 Sep 2015

The plaintiff, Kumar Tarachand Laungani, filed a suit against his brother, Deepak Tarachand Laungani (defendant no.1), and Shikarpuri Co-operative Hou...

High Court

Bombay High Court Allows Appeal in Easement Right of Way Dispute — Non-Existence of Government Road or Prescriptive Right Bars Claim Over Plaintiff's Land. The court held that in the absence of any existing right of way or documentary proof from revenue department, the defendants cannot claim easement by prescription over the plaintiffs' field survey no. 28.

3 Mar 2014

The case involves a second appeal before the Bombay High Court, Nagpur Bench, arising from a suit for injunction filed by the appellants (plaintiffs) ...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Decree for Mandatory Injunction. Court holds that the First Appellate Court's finding on possession was perverse and that the suit for mandatory injunction was not barred by laches.

31 Jan 2014

The case involves a second appeal filed by the legal heirs of the original plaintiff, Shri Gurudas Yeshwant Pednekar, against the judgment of the Firs...

High Court

Bombay High Court Upholds Maintainability of Civil Suit Challenging MRTP Act Notice — Preliminary Issue Under Section 9A CPC Decided in Favor of Plaintiff. Court holds that bar under Section 149 of MRTP Act does not apply to notices under Section 53(1) of the Act.

4 Apr 2013

The petitioner, Prathamesh Tower Cooperative Housing Society Limited, challenged an order passed by the trial court on a preliminary issue under Secti...

High Court

Bombay High Court Dismisses Appeal in Specific Performance and Easement Case — Plaintiff Fails to Prove Right of Way. Court holds that permissive user does not create easement of necessity or prescriptive easement under Indian Easements Act, 1882.

31 Mar 2006

The appellant, Smt. Shalini Laxman Wadnerkar, as the sole surviving legal representative of the original plaintiff G.G. Suvarnapathak, appealed agains...

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