Search Results for "defendant's right"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "defendant's right"

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High Court

Bombay High Court Dismisses Suit for Specific Performance of Oral Agreement for Sale of Basement Premises. Agreement Not Proved and Relief Barred by Limitation and Doctrine of Part Performance.

4 Feb 2005

The plaintiffs, a partnership firm, filed a suit for specific performance of an oral agreement dated 30.11.1977 for the purchase of a basement-cum-god...

High Court

Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

20 Dec 2013

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...

High Court

Bombay High Court Dismisses Port Trust's Suit Against Bank for Demurrage Charges — Bank Not Owner Under Major Port Trusts Act, 1963. Suit Against Bank Barred by Limitation as Goods Sold in 1979 and Suit Filed in 1982.

30 Apr 2012

The plaintiff, Board of Trustees of the Port of Bombay (BPT), filed a suit against defendant No.1 (M/s. South Iron & Steel Co.) and defendant No.2 (Un...

High Court

Bombay High Court Dismisses Tenant's Revision Against Eviction Decrees on Grounds of Unauthorized Subletting, Bonafide Requirement, and Default in Rent Payment. Concurrent findings of fact by lower courts on unauthorized subletting, bonafide requirement, and default under the Maharashtra Rent Control Act, 1999 were upheld as no jurisdictional error was found.

11 Oct 2024

The dispute pertains to eviction proceedings initiated by the landlord-respondent against the tenant-petitioners in respect of a shop premises in Kolh...

High Court

Madras High Court Decrees Recovery of Port Charges in Favor of Chennai Port Trust Against Vessel Owner for Unpaid Berth Hire and Port Dues Under Major Port Trusts Act, 1963. The court held that the statutory charge under Section 64 of the Major Port Trusts Act, 1963 attaches to the vessel and the purchaser is liable for pre-existing dues, and waiver granted to previous owner is not binding on the plaintiff.

23 Jan 2026

The plaintiff, Board of Trustees of the Port of Chennai, filed a suit for recovery of Rs.1,08,84,931/- with interest at 15% per annum from the defenda...

High Court

Bombay High Court considers rejection of plaint under Order VII Rule 11 and Order XXIII CPC in suit by trustee alleging siphoning of funds from trust. Defendants seek dismissal on grounds of forgery, abuse of process, and frivolous pleadings.

24 Mar 2014

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High Court

Bombay High Court Holds Defendant Guilty of Contempt for Willful Disobedience of Injunction in Copyright and Passing Off Case. Defendant's Continued Use of Deceptively Similar Trade Dress Despite Court Order Constitutes Contempt Under Order 39 Rule 2-A CPC.

16 May 2019

The Plaintiff, Cargil India Private Limited, a subsidiary of Cargil Inc., is engaged in the business of edible oils and holds copyright in the packagi...

High Court

Bombay High Court Adjudicates Interim Application by Writers of Original Film Against Remake Film Producers Alleging Copyright Infringement of Literary Works. Writers Claim Exclusive Copyright in Story, Screenplay and Dialogues of 1973 Film 'Zanjeer' and Seek Injunction Against Unauthorized Remake in Hindi and Telugu Under Sections 18 and 19 of Copyright Act, 1957.

2 Sep 2013

The matter arises from a copyright dispute over the iconic Hindi film 'Zanjeer' (1973). Plaintiffs Salim Khan and Javed Akhtar, acclaimed writers, cla...

High Court

Bombay High Court Allows Compromise Decree in Property Suit Despite Third-Party Intervention Claim — Consent Terms Binding on Parties, Intervener's Rights Not Affected. The Court held that a compromise between the original parties does not affect the rights of a third party claiming independent title, and such third party need not be impleaded in the suit.

29 Nov 2024

The judgment arises from a suit filed by Vinesh Rashmikant Shah and others (Plaintiffs) against Pee Jay Traders and others (Defendants) concerning dis...

High Court

Bombay High Court Dismisses Plaintiffs' Interim Applications in Commercial Suit for Declaration and Injunction Against Bank's Auction of Secured Assets. Court holds that plaintiffs failed to establish a prima facie case for interim relief as the bank's possession and auction of secured assets under SARFAESI Act were valid and not vitiated by any fraud or collusion.

5 Jun 2023

The plaintiffs, Cheerful Trade and Realty Developers Pvt Ltd and Aristo Realty Developers Ltd, both non-banking financial companies, filed a commercia...

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