Search Results for "suit tenability"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "suit tenability"

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Tribunals

NCLAT Allows Appeal by Successful Resolution Applicant Against EPFO Claim for Pre-CIRP Dues, Holding That Resolution Plan Approved Under IBC Is Binding on All Stakeholders Including Statutory Authorities. The tribunal ruled that EPFO's failure to file claim during CIRP results in extinguishment of dues, and the corporate debtor gets a clean slate post-resolution.

30 Nov -0001

The case involves two appeals arising from an order of the National Company Law Tribunal (NCLT), Mumbai Bench, dated 03.07.2024, which allowed an appl...

High Court

Bombay High Court Dismisses Suit for Declaration and Injunction in Share Dispute Due to Limitation and Lack of Urgency. Plaintiff's claim for declaration of share ownership and rectification of register barred by limitation under Article 58 of Limitation Act, 1963 as cause of action arose in 1998 but suit filed in 2008.

16 Mar 2017

The plaintiff, Messer Holdings Limited, a company incorporated in British Virgin Islands, filed a suit in 2008 seeking a declaration that it is the ow...

High Court

High Court of Karnataka Allows Appointment of Arbitrator in Construction Dispute — Arbitration Clause Survives Despite Completion of Work. Clause 21 of Agreement dated 05/09/1988 constitutes valid arbitration agreement under Section 11(6) of Arbitration and Conciliation Act, 1996.

20 Sep 2016

The petitioners, Srinivasa Construction (a registered partnership firm) and its partners, filed a petition under Section 11(5) and (6) of the Arbitrat...

High Court

High Court of Judicature at Bombay Removes Executor in Testamentary Proceedings for Misconduct Including Entering into Illegal Consent Terms Contrary to Will. Executor’s renunciation held irrevocable under Section 230 of Indian Succession Act, 1925; order of 30th July 2009 reinstating executor after renunciation declared incorrect; Court exercises suo motu power to remove executor in charitable will without any application from legatee.

3 May 2018

The dispute concerned the administration of the estate of the testator Bipin Gupta under his Will, wherein the executors appointed were Vasant Narayan...

High Court

Bombay High Court Dismisses Petition Challenging Cooperative Court Orders in Property Dispute Between Member and Housing Society. Member's claim for plot allotment fails as cancellation by NIT and subsequent sale to third party upheld due to member's failure to construct within stipulated time.

23 Apr 2010

The petitioner, a member of the respondent Nagpur Cooperative Housing Society Ltd., was allotted plot No.122 by the Society, which had obtained 13 plo...

Supreme Court

Supreme Court Allows Appeals Against Revocation of Patent for Bt Cotton Technology, Remands for Trial on Patent Validity and Infringement Issues. The Court held that patent validity under Section 3(j) of the Patents Act, 1970 cannot be summarily decided without trial and requires expert evidence.

8 Jan 2019

The Supreme Court heard a batch of appeals arising from a suit for permanent injunction filed by Monsanto Technology LLC and others (plaintiffs) again...

High Court

Bombay High Court Dismisses Defendant's Chamber Summons to Strike Out Affidavit of Evidence in Specific Performance Suit — Affidavit of Evidence Not a Pleading Under Order 6 Rule 16 CPC. Court Holds That Averments Not in Written Statement May Be Allowed If They Do Not Introduce a New Case or Cause Prejudice.

20 Mar 2013

The Plaintiffs filed a suit for specific performance of a contract based on an unsigned MOU. The Defendant filed a written statement after a delay of ...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — No Substantial Question of Law Arises. Concurrent findings of fact on possession and part performance under Section 53A of Transfer of Property Act, 1882 upheld.

22 Aug 2022

The case involves a second appeal filed by the legal representatives of the original sole defendant against the judgment and decree passed by the lowe...

High Court

Bombay High Court Allows Appeal in Property Dispute Over Development Rights — Interim Injunction Set Aside for Lack of Prima Facie Case. Court holds that a co-operative housing society cannot be restrained from developing its property based on an agreement that was superseded by subsequent consent terms and where the plaintiff failed to demonstrate a clear right to specific performance.

5 Jun 2023

The dispute pertains to a property bearing CTS No. 229 and 267, admeasuring 1392.12 sq. meters, situated at Nehru Nagar Housing Board Colony, Kurla (E...

High Court

Bombay High Court Dismisses Petition by Nagpur Municipal Corporation Challenging District Judge's Jurisdiction to Extend Notice Period Under MRTP Act. District Judge Has Jurisdiction Under Section 286(3) of City of Nagpur Corporation Act, 1948 to Extend Notice Period for Notice Issued Under Section 53(1) of MRTP Act, 1966.

22 Feb 2012

The Nagpur Municipal Corporation issued a notice to the respondent under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP A...

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