Search Results for "Pleadings"

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"Inheritance of Rights or Extinction of Claims? A deep dive into the interplay of bona fide requirements under tenancy laws post the demise of the plaintiff."

This judgment from the Bombay High Court, delivered on December 9, 2024, explores the complexities surrounding tenancy disputes and bona fide requirem...

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"Arbitral Mandate Extension Post-Expiry: Supreme Court Clarifies Section 29A of Arbitration Act" Pandemic and mutual consent deemed sufficient cause for mandate extension.

Application under Section 29A(4) of the Arbitration and Conciliation Act, 1996, for extending the mandate of an arbitral tribunal, can be entertained ...

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"Admissibility of Counter-claims and Jurisdiction: High Court Quashes Trial Court Order" "Upholding jurisdictional boundaries and procedural precision in civil litigation."

1. Background of the Case: Petitioner: Filed a suit for specific performance of contract. Respondent: Filed a counter-claim asserting possession a...

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"High Court Weighs Urgency and Compliance Under the Commercial Courts Act" "Balancing urgency with legal mandates for pre-institution mediation in commercial disputes."

The Bombay High Court examined whether the suit filed by the plaintiff, Ekta Housing Pvt. Ltd., against Shraddha Shelters Pvt. Ltd. adhered to Section...

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Arbitration Clause Rendered Ineffective After Sale Deed Execution, Rules Bombay High Court “Mere historical reference to an Agreement doesn’t sustain arbitration rights if the contract has ceased to exist.”

The case revolves around whether disputes arising out of a Memorandum of Understanding (MoU) and related documents, which lacked a specific arbitratio...

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Legal Heirs and Tenant Rights: A Case of Bonafide Requirement Amid Successive Legal Battles. A nuanced exploration of tenancy rights, successor claims, and bonafide need in the High Court of Bombay.

The Bombay High Court dealt with a revision application against an eviction order grounded on the bonafide requirement of the original tenant, who pas...

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"Bombay High Court Denies Plaintiff’s Declaratory Suit, Upholds Specific Relief Act and CPC Provisions" "Plaintiff’s attempt to reclaim tenancy rights circumventing procedural bars dismissed under Order 7 Rule 11."

The High Court of Bombay, in Civil Revision Application No. 454 of 2024, upheld the dismissal of a suit filed by M/s. Chudiwala Company for seeking t...

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"High Court Allows Director's Fraud Allegation Against Loan Sanction to Proceed in Civil Court" "Commercial Court's rejection overturned as fraud claims bypass SARFAESI Act jurisdiction."

The petitioner, against the rejection of his plaint by the Commercial Court under Order 7 Rule 11 CPC on grounds of being barred by Section 34 of the ...

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Dismissal of Election Petition for Non-Disclosure of Cause of Action. Election Petition Challenging Nomination Papers Dismissed for Lack of Material Facts and Non-Compliance with the Representation of People Act.

The High Court of Judicature at Bombay, Justice Sharmila U. Deshmukh dismissed an Election Petition questioning the election of Anil Yeshwant Desai, a...