Search Results for "interlocutory"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "interlocutory"

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High Court

High Court of Karnataka Dismisses Writ Petition by Chinese Company Challenging DRAT Order in Debt Recovery Matter — Maintainability of Writ Against Interlocutory Orders Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The court held that a writ petition under Articles 226 and 227 of the Constitution is not maintainable against an interlocutory order passed by the DRAT in a pending appeal, as the petitioner has an alternative remedy of statutory appeal under Section 20 of the RDB Act.

8 Jan 2018

The petitioner, Sepco Electric Power Construction Corporation, a Chinese company, filed a writ petition under Articles 226 and 227 of the Constitution...

High Court

Karnataka High Court Allows Wife's Appeal for Interim Maintenance Under Section 36 of Divorce Act, 1869 — Family Court Erred in Rejecting Application Without Hearing on Merits. The court held that a wife is entitled to pendente lite alimony even if the validity of the marriage is disputed, and the Family Court cannot reject such application without considering merits, especially when no objections are filed by the husband.

15 Apr 2015

The appellant, Soumya, wife of Johny, filed an appeal under Section 55 of the Divorce Act, 1869, against the judgment and decree dated 27.03.2014 pass...

High Court

Bombay High Court Allows Amendment of Plaint in Specific Performance Suit Despite Commencement of Trial — Amendment Sought to Add Legal Submissions and Subsequent Event Under Order VI Rule 17 CPC. Court Holds That Amendments Based on Existing Facts and Subsequent Events Are Permissible Even After Trial Has Commenced, Subject to Due Diligence.

5 Mar 2012

The plaintiffs filed a Chamber Summons seeking amendment of the plaint in a suit for specific performance of an agreement, declaration that terminatio...

High Court

Bombay High Court Dismisses Interim Application for Injunction in Copyright Dispute Over Documentary Film 'Sindhustan' — Plaintiff Fails to Establish Prima Facie Case of Co-Producer or Joint Copyright Ownership. The Court held that an oral agreement for co-production is not sufficient to claim joint ownership of copyright under the Copyright Act, 1957, and that the Plaintiff's contributions did not amount to joint authorship.

11 Feb 2021

The suit was filed by Kabir Singh Chowdhry (Plaintiff) against Sapna Moti Bhavnani (Defendant No. 1) and others, seeking a declaration that the Plaint...

High Court

Court Considers Maintainability of Commercial Appeal in Summary Suit Under Commercial Courts Act — Order on Summons for Judgment Challenged as 'Judgment' Under Section 13(1A). Transitional Provisions and Assignment Orders Examined for Pending Suits Transferred to Commercial Division.

24 Oct 2016

The Commercial Appeal arose from an order passed by a learned Single Judge of the Commercial Division of the Bombay High Court in Summons for Judgment...

High Court

Madras High Court Allows Revision Petition in Partition Suit — Ex-Parte Defendant Granted Opportunity to File Written Statement Under Order IX Rule 7 CPC. The court held that Order IX Rule 7 CPC should be liberally construed to allow a defendant to participate in proceedings if no prejudice is caused to the plaintiff, especially when trial has not commenced, and hyper-technical approach should be avoided.

6 Jan 2026

The case arises from a partition suit (O.S.No.96 of 2011) filed by the plaintiff, Smt. Saraswathi, against several defendants, including the fourth de...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Remands for Trial on Admissions. The Court held that Order XII Rule 6 CPC requires clear and unequivocal admissions, and where the defendant disputes the genuineness of the agreement and receipt of consideration, the suit cannot be decreed summarily.

1 Jan 2019

The Supreme Court considered an appeal against the judgment of the Delhi High Court Division Bench which had allowed an application under Order XII Ru...

High Court

Bombay High Court Grants Injunction Against Trade Mark Infringement and Passing Off in Pharmaceutical Product 'ONCO BCG' - Defendant's Mark 'BCG ONCO' Held Deceptively Similar Despite Common Descriptive Element 'BCG'.

14 Jun 2011

The plaintiff, Serum Institute of India Limited, a pharmaceutical company, filed a suit for trade mark infringement and passing off against Green Sign...

High Court

Bombay High Court Considers Validity of DRAT Orders on Pre-Deposit Waiver and Status Quo in Secured Asset Auction. Legal Question Concerns Applicability of Section 18 Pre-Deposit Requirement to Appeals Dismissing Condonation of Delay and Challenging Sale Certificate.

8 Jun 2026

The judgment concerns two writ petitions filed by an auction purchaser (Aloukik Construwell LLP) and a secured creditor (HDFC Bank Limited) challengin...

High Court

WRIT PETITION NO. 10475 OF 2011

7 Mar 2012

The case involved a partnership firm (Petitioner) engaged in manufacturing soft gelatin pharmaceutical products, and a US corporation (Respondent No.1...

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