Search Results for "Order XXXVII"

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Search Results for "Order XXXVII"

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High Court

Bombay High Court Rules in Admiralty Jurisdiction Case: Cockette Marine Oil vs. OSV Beas Dolphin. Court Rejects Summary Judgment Amidst Insolvency Proceedings, Highlights Impact of IBC Moratorium on Maritime Claims.

23 Aug 2024

The Bombay High Court, under the Admiralty jurisdiction, considered an application for summary judgment filed by Cockette Marine Oil DMCC against OSV ...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Commercial Dispute Over Coal Handling Services. Court upholds arbitral tribunal's finding that allegations of fraud were not serious enough to render dispute non-arbitrable and rejects challenge to award under Section 34 of Arbitration and Conciliation Act, 1996.

8 Nov 2023

The case involves a Commercial Arbitration Petition filed by Maharashtra Power Generation Company Ltd. (Petitioner) seeking to set aside an arbitral a...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Insurer Liable Despite Owner's Failure to Produce Driving License. Burden of Proof on Insurer to Show License Invalidity Under Section 149 of Motor Vehicles Act, 1988.

8 Sep 2020

The case arises from a motor accident claim filed by the legal representatives of the deceased, Parvati, who died in a road accident on 04.08.2012. Th...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Insurer Not Liable as Deceased Was a Gratuitous Passenger in a Goods Vehicle. The court held that the insurer is not liable to pay compensation for the death of a gratuitous passenger traveling in a goods vehicle, as the policy does not cover such risk under Section 147 of the Motor Vehicles Act, 1988.

8 Sep 2020

The case arises from a motor accident claim where the deceased, Parvati, was traveling as a pillion rider on a motorcycle when she fell off and died. ...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Goods Sold — Triable Issues Raised Regarding Quality and Rejection of Goods. The court held that where the defendant raises a triable issue, unconditional leave to defend must be granted, and the plaintiff cannot obtain a decree without trial.

13 Oct 2017

The plaintiff, Shree Pushkar Chemicals & Fertilizers Ltd., filed a Commercial Summary Suit against the defendant, Huntsman (International) India Pvt. ...

High Court

Bombay High Court Dismisses Writ Petition Seeking Suspension of Sentence on Medical Grounds for Convicted Murderer. Court holds that mere medical condition does not warrant temporary release when the convict is already receiving adequate treatment in hospital under police escort.

14 Oct 2016

The petitioner, Smt. Jaya Talakhsi Chheda, was convicted by the Sessions Judge at Greater Bombay on 31 July 2013 for offences under Sections 120B, 302...

High Court

High Court of Karnataka Partly Allows Defendant's Petition and Dismisses Plaintiff's Revision in Summary Suit — Conditional Leave to Defend Upheld but Deposit Reduced. Court held that while the trial court had discretion to impose conditions under Order 37 Rule 3(5) CPC, the condition of depositing 50% of the suit claim was disproportionate and reduced it to 25%.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

Bombay High Court Modifies Stay Order in Motor Accident Claim Appeal — Insurer Directed to Deposit 50% of Awarded Amount for Claimant's Withdrawal. Appellate Court's Discretion Under Order 41 Rule 3 CPC Allows Imposition of Deposit Condition While Granting Stay of Execution of MACT Award.

22 Aug 2014

The present matter involves two civil applications arising out of First Appeal No.631 of 2012 filed under Section 173 of the Motor Vehicles Act, 1988 ...

High Court

Bombay High Court Dismisses PILs Challenging Construction in Powai and Tirandaz — No Breach of Tripartite Agreement or ULC Act Exemption Found. The court held that the construction was in accordance with sanctioned plans and permissions, and the challenge to the exemption order was barred by delay and laches.

22 Feb 2012

The judgment concerns three Public Interest Litigations (PILs) filed by Kamlakar Motiram Satve, Rajendra Thacker, and Medha Patkar challenging the con...

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