Search Results for "mis-joinder"

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Search Results for "mis-joinder"

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High Court

High Court of Karnataka Dismisses Appeal in Property Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession of Suit Schedule Properties Including Business Establishment. The Court held that the plaintiff proved the existence of joint family properties and the defendant failed to establish that the business was his separate property.

28 Apr 2026

The appellant, Vardhaman Lengade, was defendant No.2 in a partition suit filed by respondent No.1, Sital Lengade, and others. The suit sought partitio...

Supreme Court

Supreme Court Allows Appeal, Upholds Arbitral Award Holding Husband Jointly and Severally Liable for Wife's Debit Balance in Stock Trading Account — Oral Contract for Joint Liability Falls Within Scope of BSE Bye-law 248(a) Arbitration Clause.

1 Jan 2025

The Supreme Court allowed the appeal filed by AC Chokshi Share Broker Private Limited against the order of the Bombay High Court's division bench, whi...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Drugs and Cosmetics Act Case for Lack of Sanction and Misjoinder of Parties. The court held that sanction under Section 32 of the Drugs and Cosmetics Act, 1940 is mandatory and its absence, along with misjoinder of parties and charges, warrants quashing of proceedings under Section 482 CrPC.

19 May 2022

The petitioners, including individuals and companies involved in the manufacture and sale of drugs, filed petitions under Section 482 CrPC to quash cr...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11 CPC — Plaint Discloses Cause of Action Against All Defendants Including Those Alleged to Be Benami. The court held that allegations of sham and benami transactions in a suit for specific performance constitute a cause of action and cannot be rejected at the threshold under Order VII Rule 11(a) of the Code of Civil Procedure, 1908.

19 Jun 2021

The Appellants, original Plaintiffs, filed Suit No. 187 of 1993 seeking specific performance of an agreement to sell dated 1st August 1985 in respect ...

High Court

Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Non-Joinder of Cotenant Not Raised Earlier. Joint Tenancy Claim Fails as Suit Against One Cotenant Maintainable Without Objection at Trial Stage.

19 Jul 2019

The case involves a civil revision application filed by the tenants (applicants) against the concurrent decrees of eviction passed by the Small Causes...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Substantial Question of Law Regarding Adverse Possession and Co-owner's Possession. Court holds that possession of a co-owner is possession on behalf of all co-owners unless there is clear ouster, and that the appellate court failed to frame substantial questions of law under Section 100 CPC.

4 Mar 2019

The present second appeal was filed by the original plaintiff No. 2, Tulsabai Gyanba Shinde, challenging the judgment and decree dated 20th November 2...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC.

5 Jan 2011

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises...

High Court

Bombay High Court Upholds Industrial Court Order Directing Permanency for Work Charged Deputy Engineer in Municipal Council — Unfair Labour Practice Established Under MRTU & PULP Act. The court held that a Deputy Engineer appointed on work charged basis who worked for more than 3 years is a workman under Section 2(s) of the Industrial Disputes Act, 1947, and the employer's failure to make him permanent despite availability of permanent posts amounts to unfair labour practice under Items 6 and 9 of Schedule IV of the MRTU & PULP Act, 1971.

12 Aug 2010

The petitioner, Ichalkaranji Municipal Council, challenged the order of the Industrial Court dated 22.7.1998 which allowed the complaint filed by Resp...

High Court

Bombay High Court Allows Revision Against Order Permitting Withdrawal of Suit with Liberty to File Fresh Suit Under Order 23 Rule 1 CPC. Defects in Plaint Including Misjoinder, Non-valuation, and Improper Reliefs Held Not Formal Defects.

23 Dec 2005

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by Rajaram s/o Jairam Raut (the defendant...

High Court

High Court of Bombay at Aurangabad Allows Second Appeals in Part, Remands Suits for Fresh Consideration on Issue of Limitation and Entitlement to Interest in Recovery Suits by Small Scale Industrial Unit against State Corporation. The court held that the lower appellate court failed to properly consider the applicable articles of the Limitation Act and the entitlement to interest under the Interest Act.

30 Nov -0001

The appellant, Dattatray s/o Shankarrao Borgaonkar, proprietor of Shree Industries, a small scale industrial unit, filed three suits (Special Civil Su...

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