Search Results for "suit and counterclaim"

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Search Results for "suit and counterclaim"

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Supreme Court

Supreme Court Considers Whether Two Appeals are Required When a Suit and Counterclaim are Disposed of by a Single Judgment. The Court Analyzed Conflicting High Court Decisions on the Maintainability of a Single Appeal Against a Composite Decree and Noted a Cleavage of Opinion.

1 Jan 1970

The Supreme Court heard a civil appeal arising from a dispute over property rights wherein a suit for partition and injunction and a counterclaim for ...

High Court

High Court of Gujarat Allows Appeal in Contract Dispute — Remands Case for Fresh Consideration of Counterclaim Due to Violation of Natural Justice. Failure to Provide Opportunity to Lead Evidence on Counterclaim Under Order 8 Rule 6A CPC Warrants Remand.

25 Mar 2026

The appellant, Executive Engineer of Gujarat Water Supply and Sewerage Board, filed a suit for damages of Rs. 17,28,855.65 against the respondent, Kat...

High Court

Bombay High Court Dismisses Petition Challenging Exclusion of Counterclaim in Specific Performance Suit. Counterclaim Based on Void Minor's Agreement and Barred by Limitation Under Order VIII Rule 6-A CPC.

24 Jun 2016

The petitioner, Abhishek Boke, original defendant No.1, challenged the order of the trial court dated 24.6.2016 allowing the application (Exh. No.86) ...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Between Brothers, Remands Case for Fresh Consideration of Counterclaim. Court holds that a counterclaim for possession cannot be decreed without proper valuation and payment of court fees under the Bombay Court Fees Act, 1959.

15 Jan 2015

The appellant, original plaintiff Gujabrao, filed Special Civil Suit No.90/1993 for a permanent injunction against his brother Punjabrao (defendant No...

High Court

Bombay High Court Quashes Impleadment Order in Domestic Violence Counterclaim — Order I Rule 10(2) CPC Cannot Be Used to Add Parties After Suit Withdrawal. The court held that once the original plaintiff withdraws the suit, the counterclaim cannot be prosecuted independently and no impleadment can be ordered under Order I Rule 10(2) CPC.

4 Aug 2015

The petitioners, Gurmit Singh Bagga, Gurdeep Kaur Bagga, and Iqbal Singh Bagga, challenged an order dated 5/3/2012 passed by the 32nd Joint Civil Judg...

High Court

Bombay High Court Sets Aside Family Court’s Rejection of Amendment to Written Statement; Allows Counterclaim in Matrimonial Dispute. Court Holds Counterclaim Not Barred by Delay if Filed Within Three-Year Limitation Under Article 113, Limitation Act, 1963.

8 Dec 2011

The petitioner wife filed a writ petition under Article 227 of the Constitution of India challenging the Family Court's order rejecting her applicatio...

High Court

Bombay High Court Allows Writ Petition in CPC Counter-Claim Procedure — Plaintiff Must File Written Statement to Counter-Claim Within 30 Days Under Order VIII Rule 1 CPC. Order VIII Rule 1 CPC Applies to Plaintiff's Written Statement to Counter-Claim Under Order VIII Rule 6A CPC, and Non-Compliance Can Lead to Striking Off Defence.

14 Jun 2011

The petitioner, Shriram EPC Ltd., was the original plaintiff in a suit for specific performance and alternative money decree. The respondent, Maharash...

High Court

Bombay High Court Allows Revision, Rejects Counterclaim Against Newly Impleaded Defendants as Barred by Limitation. Counterclaim Dismissed Against Added Parties Due to Absence of Order Under Section 21 Limitation Act Relating Back Impleadment.

25 Sep 2020

In the present revision application, the High Court of Bombay at Goa considered the legality of the Trial Court's order rejecting an application filed...

High Court

Bombay High Court Dismisses Appellant's Second Appeal in Specific Performance Counterclaim — Limitation Bar Upheld. Counterclaim for specific performance of contract held barred by limitation under Article 54 of the Limitation Act, 1963 as it was filed beyond three years from the date of refusal to perform the alleged agreement.

11 Aug 2010

The case involves a second appeal by the original defendant no.10, Smt. Tulsabai wd/o Ramkrishna Avatade, against the judgment and order dated 17th Ju...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application Under Order VII Rule 11 CPC. Exclusion of Counterclaim for Want of Pecuniary Jurisdiction Does Not Bar Subsequent Suit for Specific Performance.

14 Oct 2022

The applicant, Sainath Jadhav, filed Regular Civil Suit No.731 of 2007 for injunction against the respondent, Shankar Jadhav, regarding agricultural l...

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