Search Results for "negative averments"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "negative averments"

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Supreme Court

Supreme Court Dismisses Appeals in Copyright Infringement Case, Upholding High Court's Restoration of Suit for Trial. The Court held that rejection of plaint under Order VII Rule 11 of CPC was premature as factual issues regarding applicability of Section 15(2) of Copyright Act, 1957, required determination on merits regarding whether engineering drawings constituted a 'design' under Designs Act, 2000, and were reproduced more than fifty times by industrial process.

15 Apr 2025

The Supreme Court adjudicated appeals arising from a copyright infringement dispute between Inox India Limited (the respondent) and Cryogas Equipment ...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree for Non-User and Subletting of Tenanted Shop. Tenant's Use of Premises as Godown for Grocery Items Held to Be Change of User and Subletting to Brother Constitutes Unauthorized Transfer.

7 Aug 2024

The case involves a civil revision application filed by the defendants (tenants) against a decree of eviction passed by the trial court and confirmed ...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Upholds Trial Court Decree for Execution of Sale Deed. Agreement of Sale Dated 02.08.2007 Proved by Plaintiff; Defendants Failed to Discharge Burden of Proof Under Section 16(c) of Specific Relief Act, 1963.

13 Jun 2024

The appellants (defendants) challenged the judgment and decree dated 20.10.2012 passed by the Senior Civil Judge, Channarayapatna, in O.S. No. 4/2008,...

High Court

High Court of Karnataka Allows Appeal Against Dismissal of Attachment Before Judgment in Property Dispute — Order 38 Rule 5 CPC. The court held that the trial court erred in dismissing the application for attachment before judgment as the appellants had made out a prima facie case and the respondent was likely to dispose of the property.

7 Jul 2023

The appellants, who are the plaintiffs in O.S.No.160/2021, filed a suit seeking specific performance of a sale agreement dated 05.11.2018 executed by ...

High Court

Bombay High Court Dismisses Petitions Challenging RBI's Moratorium and Liquidation of CKP Co-operative Bank Ltd. — Petitioners' Deposits Not Covered by Deposit Insurance as Bank Was Under Moratorium Prior to Insurance Scheme Introduction.

12 Mar 2021

The judgment pertains to a batch of writ petitions filed by depositors of the CKP Co-operative Bank Ltd., which was placed under moratorium by the Res...

High Court

Bombay High Court Allows Axis Bank's Application to be Joined as Party in Multiple Suits Against Orbit Corporation Ltd. — Bank's Right to Defend Its Mortgage Interest Recognized. The court held that a mortgagee bank has a right to be heard in suits for specific performance of agreements for sale of mortgaged properties, as its interest would be affected by any decree.

2 Aug 2017

The judgment concerns multiple notices of motion filed by Axis Bank Limited seeking to be joined as a party in various suits filed by flat purchasers ...

High Court

Bombay High Court Dismisses State Appeal Against Maintainability of Suit Challenging Slum Acquisition Proceedings. Suit for Declaration of Title and Injunction Held Maintainable Despite Bar Under Section 42 of Maharashtra Slum Areas Act, 1971.

22 Feb 2017

The State of Maharashtra appealed against an order dated 12 April 2016 passed by a learned Single Judge of the Bombay High Court in Suit No.2862 of 20...

High Court

Bombay High Court Dismisses Caveat in Testamentary Suit for Lack of Caveatable Interest. Held that a caveator must have a direct interest in the estate of the deceased, and a mere relationship or expectation of inheritance does not constitute such interest under Section 283 of the Indian Succession Act, 1925.

8 Jul 2014

The judgment pertains to a testamentary suit arising from the Will of late Bharat Ladharam Asarpota, who died allegedly leaving a Will dated 15 June 1...

High Court

Bombay High Court Dismisses Suits for Possession of Flats Filed by Co-operative Society Against Members for Want of Jurisdiction. Dispute Between Society and Member Relating to Tenancy Falls Within Exclusive Jurisdiction of Co-operative Court Under Section 91 of Maharashtra Co-operative Societies Act, 1960.

28 Oct 2010

The plaintiff, Sweet Home Co-operative Housing Society Ltd., filed two suits (Suit No. 2354 of 2003 and Suit No. 2355 of 2003) in the Bombay High Cour...

High Court

Bombay High Court Dismisses Writ Petition Challenging Gratuity Order Against Sick Company — Payment of Gratuity Act, 1972 Overrides SICA Scheme. The court held that the statutory liability to pay gratuity under the Payment of Gratuity Act, 1972 cannot be overridden by a rehabilitation scheme under the Sick Industrial Companies (Special Provisions) Act, 1985.

2 May 2006

The petitioner, Metal Box India Ltd., a company incorporated under the Companies Act, 1956, challenged an order dated 16.11.2002 passed by the Appella...

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