Search Results for "Pleading and evidence"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Pleading and evidence"

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High Court

Bombay High Court Dismisses Tenant's Petition in Rent Arrears Case — Service of Notice and Default in Payment of Rent Upheld. Concurrent findings of trial and appellate courts on tenant's failure to pay rent and valid service of demand notice under Section 12 of Bombay Rent Act, 1947 affirmed.

15 Jul 2024

The case involves a dispute between the legal heirs of the original plaintiff-landlord (Mohamudkhan Kadar Khan Pathan) and the defendant-tenant (origi...

High Court

Bombay High Court Upholds Eviction Decree Against Tenant for Arrears of Rent — Notice Served at School Address Valid. Service of notice at tenant's school address held sufficient under Section 106 of Transfer of Property Act, 1882 when tenant is known to be employed there and refuses to accept notice at suit premises.

15 Jul 2024

The dispute arises from a suit for eviction filed by the landlord (respondent) against the tenant (petitioner) in respect of three rooms and an enclos...

High Court

High Court of Karnataka Dismisses Plaintiff's Petition for Judgment on Admissions and Allows Defendant's Petition Against Amendment of Plaint in Suit for Specific Performance. Court holds that admissions must be clear, unambiguous, and unequivocal for judgment under Order XII Rule 6 CPC, and that amendment of plaint cannot be allowed after commencement of trial to change the nature of the suit.

5 Mar 2019

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

High Court

High Court of Bombay at Goa Allows Appeals by Claimants in Motor Accident Claims, Setting Aside Tribunal Dismissals That Contradicted Prior Final Award on Same Accident. Issue Estoppel Barred Insurer and Owner/Driver from Denying JCB Involvement After Earlier Award in Claim Petition No.96 of 2013 Was Accepted and Compensation Paid.

28 Jun 2023

The appeals arose from a motor accident on 05.12.2012 at Manaswada Kundaim, Ponda, Goa, involving a JCB bearing registration No. GA-05-B-8472, a Hero ...

High Court

Bombay High Court Dismisses Appeal Against Temporary Injunction in Trademark Infringement and Passing Off Case. Trial Court's Discretion Upheld as Not Arbitrary or Perverse.

9 Oct 2020

The appeal arises from an order of the trial court granting a temporary injunction in favor of the respondent/plaintiff, M/s Mysore Deep Perfumery Hou...

High Court

Madras High Court Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Fact on Adverse Possession and Benami Transaction. The court held that the plaintiffs failed to prove title and possession, and the defendants established adverse possession for over 12 years, rejecting the claim of benami ownership under the Benami Transactions (Prohibition) Act, 1988.

7 Jan 2025

The case involves a property dispute between the plaintiffs (respondents) and the defendants (appellants) over 5.82 acres of land in Survey No. 211/1....

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Injunction Against Obstruction of Possession. The Court held that the first appellate court's concurrent findings of fact regarding possession and title cannot be interfered with under Section 100 of the Code of Civil Procedure, 1908, as no substantial question of law arose.

16 Apr 2024

The case involves a property dispute between the appellants (defendants) and the respondents (plaintiffs) over a shop named 'Sadhana Stores' and adjac...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Case Upholding Rejection of Plaint Under Order 7 Rule 11 CPC. The Court Held That Res Judicata Cannot Be Determined in an Order 7 Rule 11 Application as It Requires Examination of Previous Suit Records Beyond Plaint Averments Under the Code of Civil Procedure, 1908.

9 Aug 2021

The appeal arose from a judgment of the High Court of Karnataka dismissing a revision petition against an order of the Trial Court that rejected an ap...

High Court

Bombay High Court Dismisses Amendment Application in Suit for Possession and Mesne Profits Due to Inordinate Delay and Lack of Due Diligence. Amendment to Written Statement Seeking to Introduce Adverse Possession Defence After 22 Years and After Evidence Closed Held to Be Highly Prejudicial and Not Necessary for Determination of Real Controversy Under Order 6 Rule 17 of Code of Civil Procedure, 1908.

30 Nov -0001

The judgment arises out of a Chamber Summons filed by the defendant in a pending suit for possession and mesne profits. The plaintiff, Banganga Cooper...

High Court

Bombay High Court Dismisses Interim Application in Defamation Suit for Lack of Jurisdiction Without Clause 12 Leave. Section 19 CPC Requires Defamation Suit to Be Filed Where Defamation Occurred, Not Where Reputation Is Harmed.

16 Oct 2025

The plaintiff, Sameer Gulamnabi Kazi, Chairman of Maharashtra State Board of Waqf, filed a defamation suit against defendants alleging defamatory vide...

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