Search Results for "Vague Averments"

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Order IX Rule 9 CPC Bar Not Applicable When Earlier Suit Dismissed for Default Without Adjudication on Merits.

The case involves a Civil Revision Application filed by the original defendant, Chandrakant Bhaurao Waghmare, challenging an order dated 29.04.2019 pa...

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“Inordinate Delay of 4828 Days Not Condoned: Landmark Ruling on Limitation Act in Land Acquisition Cases”

The appellants (landowners) filed an appeal seeking enhancement of compensation awarded under the Land Acquisition Act. However, the appeal was filed ...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Trademark Infringement and Passing Off Case. Trial Court's Discretion Upheld as Not Arbitrary or Perverse.

The appeal arises from an order of the trial court granting a temporary injunction in favor of the respondent/plaintiff, M/s Mysore Deep Perfumery Hou...

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Bombay High Court Hears Arbitration Petition - ONGC Challenges Umpire’s Award Granting Six Days’ Extension in Pipeline Project. Petition contends that the extension was granted in breach of contract clauses 5.9 and 41.8 and without evidence, after rejecting the related claim for cost of repairs.

The dispute arose from a contract dated 6 November 1989 between Oil and Natural Gas Corporation Limited (ONGC) as employer and a consortium of foreign...

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High Court of Karnataka Considers Quashing of Criminal Proceedings for Offences of Forgery and Cheating in Property Dispute; Private Complaint Alleged to Mirror Civil Suit for Possession

The High Court of Karnataka, Dharwad Bench, dealt with a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) s...

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Bombay High Court Pronounces Judgment on Writ Petition Challenging Disqualification of Consortium's Financial Bid in Municipal Water Supply Tender; Court Examines Scope of Judicial Review Under Article 226 of Constitution of India.

The petitioners, a consortium of three companies, challenged the decision of the Mira Bhayander Municipal Corporation's Standing Committee which disqu...

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High Court of Karnataka Adjudicates Writ Petition Challenging Rejection of Applications for Deletion of Defendants. The Court Examines Whether Directors and Former Employees Are Necessary Parties in a Suit for Breach of Contract Under Order 1 Rule 10 of Code of Civil Procedure, 1908.

The matter concerns a writ petition filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India challenging an or...

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Bombay High Court Quashes Criminal Proceedings Against Managing Director and Publisher in Defamation Case for Lack of Specific Allegations of Involvement in Publication. Managing Director Not Liable Under Sections 500, 501, 502 IPC Without Evidence of Direct Role in Publication.

The applicants, Muncherji Nusserwanji Cama (Managing Director of Bombay Samachar Pvt. Ltd.) and the company itself, filed an application under Section...

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High Court of Karnataka Dismisses Revision Petition in Suit for Permanent Injunction — Upholds Trial Court's Refusal to Reopen Evidence After Plaintiff's Side Closed. Court Held That Order 18 Rule 17 CPC Cannot Be Used to Fill Gaps in Evidence or to Remedy Negligence of Party.

The petitioner, Sri P. Ramaprasad, was the plaintiff in O.S. No. 231/2019 pending before the XIX Additional City Civil and Sessions Judge, Bangalore C...