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High Court

High Court of Karnataka Frames Points for Consideration in Regular First Appeal Against Dismissal of Recovery Suit in Construction Contract Dispute. Plaintiffs Claimed Excess Payment and Defective Work; Court's Final Order Not Available in Provided Text.

19 Sep 2019

Background: The dispute concerned a construction contract for a residential house in Bangalore. The plaintiffs (appellants) were the owners who had en...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Goods Sold — Triable Issues Raised Regarding Quality and Rejection of Goods. The court held that where the defendant raises a triable issue, unconditional leave to defend must be granted, and the plaintiff cannot obtain a decree without trial.

13 Oct 2017

The plaintiff, Shree Pushkar Chemicals & Fertilizers Ltd., filed a Commercial Summary Suit against the defendant, Huntsman (International) India Pvt. ...

High Court

Bombay High Court Dismisses Defendant's Chamber Summons to Strike Out Affidavit of Evidence in Specific Performance Suit — Affidavit of Evidence Not a Pleading Under Order 6 Rule 16 CPC. Court Holds That Averments Not in Written Statement May Be Allowed If They Do Not Introduce a New Case or Cause Prejudice.

20 Mar 2013

The Plaintiffs filed a suit for specific performance of a contract based on an unsigned MOU. The Defendant filed a written statement after a delay of ...

High Court

Bombay High Court Dismisses Appeal Against Order Allowing Withdrawal of Fixed Deposits to Pay Statutory Dues in Family and Corporate Dispute. Court upholds trial court's discretion to permit defendant No.1 to liquidate company fixed deposits for payment of property tax and income tax, subject to undertaking.

28 Jun 2023

The appeal arises from an order dated 11 November 2019 passed by the City Civil Court, Greater Bombay, in Notice of Motion No.1182 of 2019 in SC Suit ...

High Court

Bombay High Court Dismisses Petition Challenging Late Filing of Written Statement in Commercial Suit — Service of Writ of Summons Not Mandatory When Defendant Has Entered Appearance and Received Plaint and Notice of Motion. The court held that the object of service of summons is to give notice, and if the defendant has already appeared and received the plaint, formal service is not required under Order VIII Rule 1 CPC and Section 16 of the Commercial Courts Act, 2015.

21 Dec 2022

The Petitioner, Metro Ortem Ltd, a public limited company, filed a Commercial Suit No. 3 of 2019 before the Bombay City Civil Court at Mumbai against ...

High Court

Karnataka High Court Hears Defendant's Appeal Against Specific Performance Decree. Trial Court Directs Execution of Sale Deed for Agricultural Land After Finding Valid Agreement of Sale.

6 Mar 2021

The litigation arose from a suit for specific performance of an agreement of sale pertaining to agricultural land measuring 11 acres 21 guntas situate...

High Court

High Court Allows Writ Petition, Sets Aside Civil Judge's Order Rejecting Application for Judgment on Admission Under Order XII Rule 6 of CPC in Property Fraud Case Involving Forged Deeds and Impersonation

26 Feb 2026

The Petitioner, filed a Writ Petition under Article 226 of the Constitution of India challenging the Civil Judge, Thane's order dated 12th September 2...

High Court

Karnataka High Court Decides Regular First Appeal Arising from Dismissal of Suit for Declaration of Property Ownership. Property Originally Allotted to a Swamiji Under Mysore Government Scheme and Later Subject to Litigation Over Inheritance and Alleged Fraud.

28 Mar 2014

The appeal arose from the dismissal of a suit for declaration of ownership of immovable property situated in Bangalore. The original plaintiff, C.R. H...

High Court

Bombay High Court Grants Injunction Against Defamatory Broadcasts by News Channel — Interim Relief Granted to Protect Reputation of Corporate Entity. Court Restrains Defendants from Airing or Publishing Defamatory Content Against Plaintiff Company Pending Trial Under Law of Defamation and Right to Reputation.

1 Dec 2014

The plaintiff, Essel Infraprojects Limited, filed a suit seeking a permanent injunction restraining the defendants from broadcasting, publishing, or c...

High Court

Karnataka High Court Considers Maintainability of Regular First Appeal Under Section 96 CPC and Examines Plaintiff’s Readiness and Willingness in Suit for Specific Performance of Agricultural Land Sale Agreement; Trial Court Had Dismissed Specific Performance but Directed Refund of Advance with Interest

3 Mar 2015

The appeal arose from the judgment and decree dated 27.09.2014 in O.S. No.1/2011 passed by the Senior Civil Judge and JMFC, Tiptur, partly decreeing t...

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