Search Results for "Continuing Cause of Action"

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Supreme Court Allows Appeal in Consumer Dispute Over Redevelopment Agreement — Limitation Period Not to Defeat Substantive Right. Continuing Cause of Action Recognized Where Parties Were in Ongoing Negotiations and Escrow Agent Released Flats Only in December 2018.

The appeal arises from a consumer complaint filed by tenants (appellants) against a partnership firm (respondents) concerning a redevelopment project ...

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Bombay High Court Rejects Plaint in Copyright Infringement Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. Plaintiff's 11-Month Delay and Lack of Genuine Urgency Leads to Relegation to Mediation.

The plaintiff, Ultra Media and Entertainment Pvt. Ltd., filed a commercial suit alleging copyright infringement of the character 'Shaktimaan' by the d...

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High Court of Karnataka Dismisses Revision Petition in Family Court Suit — Order VII Rule 11(d) CPC Application Rejected. Plaint Not Barred by Limitation as Cause of Action is Continuing Wrong Under Section 23 of Limitation Act, 1963.

The petitioner, Adamsaheb, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 15.07.2...

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Bombay High Court Dismisses Suit by Condominium Against Developer for Declaration of Rights Over Adjoining Plots as Barred by Limitation. Claims for Easement and Right of Way Held Time-Barred Under Articles 25, 65, and 113 of Limitation Act, 1963.

The Plaintiffs, Beach Towers Condominium and its President, filed a suit in 2012 seeking declarations that they have a right of way and easement over ...

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Bombay High Court Dismisses Petition Challenging Condonation of Delay in Unfair Labour Practice Complaint — Continuing Cause of Action and Sufficient Cause for Delay Established Under MRTU & PULP Act.

The petitioner, M/s. Windsor Machines Ltd., challenged an order of the Industrial Court dated 27 January 2012, which allowed an application for condon...

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Bombay High Court Dismisses Employee's Petition in Unfair Labour Practice Case Due to Limitation. Claim for Wrong Pay Fixation Filed After Retirement Held Barred by Limitation as Cause of Action Arose at Fixation.

The petitioner, Gulam Mohammad Gulam Abbas, was employed as a plant operator with the Nagpur Improvement Trust and retired on 31.05.1996. On 30.06.199...