Search Results for "summons trial procedure"

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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...
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Search Results for "summons trial procedure"

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High Court

Bombay High Court Allows Amendment of Written Statement in Commercial Suit — Defendant No.4 Granted Leave to Amend Defence to Include Additional Grounds of Challenge to Agreement. Court holds that amendments to written statement are permissible under Order VI Rule 17 CPC even after commencement of trial, provided no prejudice is caused to the plaintiff, and that the test for allowing amendment is more liberal for written statements than for plaints.

6 Feb 2019

The present chamber summons was filed by Defendant No.4, Sahrish Constructions Private Limited, seeking leave to amend its written statement in a comm...

High Court

Bombay High Court Dismisses Impleadment Application in Specific Performance Suit — Applicants Lack Direct Interest in Subject Property. Chamber Summons for impleadment as defendants rejected as applicants failed to establish any legal or equitable interest in the property under the Specific Relief Act, 1963.

8 Dec 2017

The judgment concerns a Chamber Summons filed by M/s. Nestor Construction Pvt. Ltd. and Mr. Ayub Khan Jalil Khan seeking impleadment as defendant Nos....

High Court

Bombay High Court Dismisses Appeal Against Refusal to Revoke Leave Under Clause XII Letters Patent in Summary Suit on Guarantee. Jurisdiction upheld as part of cause of action arose in Mumbai due to disbursement and part payments.

7 Jan 2013

The appeal arose from a summary suit filed by Rabo India Finance Limited (Plaintiff) against Gouri Prasad Goenka (Defendant) based on guarantees execu...

High Court

Karnataka High Court Examines Whether Accused in Negotiable Instruments Act Case Can Give Evidence by Affidavit. Court Considers Application for Quashing of Proceeding Permitting Accused's Affidavit and Rejection of Section 311 Cr.P.C. Application.

19 Jul 2024

The petitioner, as complainant in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, sought quashing of the proceeding...

High Court

Bombay High Court Dismisses Appeals in Property Suit — Upholds Refusal to Strike Out Defence Under Order 8 Rule 10 CPC for Failure to File Written Statement Within 90 Days. The court held that the power to strike out defence is discretionary and not automatic, and that non-disclosure of defence under Order 6A Rule 3 CPC does not justify striking out.

21 Dec 2017

The present appeals arise from a suit filed in 1987 by Behram Nowrosji Gamadia and Jehangir Dhan Mistri (original plaintiffs) against several defendan...

High Court

High Court Quashes Criminal Proceedings Against Advocate Petitioner in Land Fraud Case Under IPC Sections 420, 467, 468, 471, 166 read with Section 34 Due to Lack of Prima Facie Evidence and Legal Advice Not Constituting Offence

22 Jan 2026

The petitioner, an advocate, filed a criminal writ petition challenging orders impleading him as an accused in a land fraud case under IPC sections --...

High Court

Bombay High Court Dismisses Appeal Against Discharge in Criminal Complaint for Dishonest Misappropriation and Fraudulent Use of Lost Cheque. Court holds that mere issuance of notice under Section 138 of Negotiable Instruments Act does not constitute criminal misappropriation or fraudulent use under Sections 403, 423 IPC.

21 Feb 2011

The appellant, Smt. Premalata Subhash Nabaria, filed a private complaint before the Judicial Magistrate First Class, Ahmednagar, alleging offences und...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC.

5 Jan 2011

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises...

High Court

Bombay High Court Hears Chamber Summons for Leave to Execute UK Judgment for Costs Against Judgment Debtor. Applicability of Section 44A CPC and Mandatory Notice Requirement under Order XXI Rule 22 CPC Considered.

5 Jun 2006

The matter arose from a Chamber Summons in execution proceedings before the Bombay High Court, seeking leave to execute a foreign judgment and costs c...

High Court

Bombay High Court Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings.

9 Aug 2021

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two ...

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