Search Results for "contradictory pleas"

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Supreme Court Examines Challenge to Regularisation Certificate Issued Under Mixed Land Use Policy for Diagnostic Centre in Residential Area. High Court Had Declined Writ Jurisdiction Over the Matter.

The case involved a dispute over a diagnostic centre operating in a residential building in Hauz Khas, New Delhi. The appellant, Anirudh Kumar, a resi...

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Supreme Court Dismisses Appeal by Erstwhile Directors in First Insolvency Case, Holding IBC Overrides State Moratorium. Corporate Debtor's Belated Defence of Non-Disbursal Under Master Restructuring Agreement Rejected as After-Thought.

The case arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The appellant, a multi-product company, faced ...

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High Court of Madras Dismisses Appeal Under Section 37 of Arbitration Act Upholding Setting Aside of Arbitral Award for Perversity. Single Judge Correctly Found That Award Granting Damages for Loss of Business and Non-Supply Ignored Exclusion Clause and Lacked Evidentiary Basis.

The appeal arose from a dispute between a construction and engineering company (appellant) and an elevator manufacturer (first respondent) regarding c...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings on Readiness and Willingness. Agreement of Sale with Possession and Part Payment Enforced Against Subsequent Purchaser Under Section 16(c) of Specific Relief Act, 1963.

The second appeal arises from a suit for specific performance of a sale agreement dated 15.7.1987 between the plaintiff (first respondent) and the fir...

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High Court of Karnataka Allows Amendment of Written Statement in Property Suit — Liberal Approach to Pre-Trial Amendments Under Order 6 Rule 17 CPC. Defendant's Application to Deny Genealogy Allowed as Necessary for Real Controversy, Despite Earlier Admission.

The petitioner, who was the 1st defendant in O.S. No. 45/2011 pending before the Senior Civil Judge & JMFC, Mudhol, filed a writ petition under Articl...

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High Court of Karnataka Allows Amendment of Written Statement in Property Suit — Rejection of Amendment Set Aside. Order 6 Rule 17 CPC Amendment Allowed as Necessary to Avoid Multiplicity of Proceedings and No Prejudice Caused to Plaintiff.

The petitioner, Smt. Kasturibai @ Lakkavva, was the first defendant in O.S. No. 45/2011 pending before the Senior Civil Judge & JMFC, Mudhol. The suit...