Search Results for "defendant's right"

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Search Results for "defendant's right"

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High Court

Bombay High Court Allows Appeals Against Arrest of Vessel in Cargo Damage Claim — Maritime Lien Not Established. Bill of Lading Claim Does Not Give Rise to Maritime Lien; Owner Not Liable Due to Demise Clause.

11 Mar 2011

The case involves three appeals filed against an order of a learned single Judge of the Bombay High Court in Admiralty Suit No.27 of 1999. The suit wa...

High Court

Bombay High Court Dismisses Suit Challenging Expulsion of Club Member — Expulsion Upheld as Valid and Not Violative of Natural Justice. Member's Defamatory Conduct and Misconduct Justified Expulsion Under Club Bye-laws.

31 Jul 2013

The Plaintiff, Jaisingh Choraria, a member of The National Sports Club of India since 1989, filed a suit challenging his expulsion from the Club. The ...

High Court

INTERIM APPLICATION NO.1075 OF 2023

14 Jan 2026

The plaintiff, Usha Sunder Premises CHS Ltd., a cooperative society registered under the Maharashtra Co-operative Societies Act, 1960 with 25 members,...

High Court

Bombay High Court Allows Amendment of Plaint in Commercial Suit for Recovery of Demurrage and Other Charges — Amendment Sought to Include Additional Claims and Correct Description of Vessel. Court Held That Amendment Does Not Introduce New Cause of Action and Is Necessary for Determination of Real Controversy.

30 Nov -0001

The present application was filed by the plaintiff, Indian Oil Corporation Limited, seeking amendment of the plaint in a commercial suit for recovery ...

High Court

Bombay High Court Considers Infringement of Well-Known Mark 'Raymond' in Domain Name for Dissimilar Goods; Discusses Scope of Section 29(4) of Trade Marks Act, 1999. Domain Name 'raymondpharma.com' Not Found to Infringe 'Raymond' Mark Under Section 29(4) Due to Dissimilar Goods and Prior Litigation Bar.

20 Jul 2016

The dispute arose from the Plaintiff Raymond Limited's claim that the Defendant Raymond Pharmaceutical Pvt. Ltd. infringed its well-known registered t...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 Must Be Pleaded and Proved; Absence of Pleading and Evidence of Financial Capacity Leads to Dismissal of Suit.

6 Jul 2023

The appellant (defendant) appealed against the judgment and decree dated 27/03/2017 passed by the Senior Civil Judge and Principal J.M.F.C., K.G.F. in...

High Court

Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Willful Default and Subletting. Landlord's Bonafide Need for Business Expansion Upheld as Trial Court and Appellate Court Concurrent Findings Not Disturbed Under Article 227.

28 Nov 2017

The petitioner, Sou. Bhamabai, wife of Ananda Raut, was defendant no.3 in a suit for eviction filed by the landlords (respondent nos.1 and 2) against ...

High Court

Bombay High Court Dismisses Application for Amendment in Commercial IP Suit Due to Delay and Lack of Due Diligence. Amendment After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC as Plaintiffs Failed to Show They Could Not Have Raised the Matter Earlier.

30 Nov -0001

The present Interim Application No. 752 of 2024 was filed by the original plaintiffs, Ramnish Verma and Finesse Fashions Pvt. Ltd., in a pending Comme...

High Court

Bombay High Court Sets Aside Arrest of Vessel in Admiralty Suit for Lack of Maritime Claim — Charterer's Claim for Sub-Charterer's Expenses Not a Maritime Lien. The court held that a claim for damages arising from a sub-charterer's expenses due to arrest of the chartered vessel by a third party does not constitute a maritime claim under the Admiralty Act, 2017, and the vessel cannot be arrested for such a claim.

6 Jun 2016

The case involves a Notice of Motion filed by the Applicant, the owner of the vessel M.V. AODABAO (Defendant No. 1), seeking to vacate the order of ar...

High Court

High Court of Karnataka Allows Appeal in Bank Recovery Suit Due to Failure to Prove Debt and Improper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the plaintiff bank failed to prove the debt and liability of the defendant, and the notice under Section 138 was not properly served, thus the suit for recovery was not maintainable.

30 Aug 2019

The appellant, K. Ravindra Shetty, was the defendant in a suit filed by Vijaya Bank for recovery of Rs. 3,20,835.20 with interest. The bank claimed th...

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