Search Results for "triable issues"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "triable issues"

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High Court

Bombay High Court Quashes Externment Order Against Social Activist for Lack of Material and Non-Compliance with Section 59 of Bombay Police Act. The court held that a single FIR and vague allegations are insufficient to justify externment under Section 59 of the Bombay Police Act, 1951.

27 Jun 2019

The petitioner, Prashant Mahadeorao Bodakhe, a 28-year-old student and social activist working for tribal rights, challenged an externment order passe...

Supreme Court

Supreme Court Reinstates Prosecution of Public Servant and Spouse in Prevention of Corruption Act Case for Disproportionate Assets. High Court's Discharge Order Quashed as It Erred in Re-appreciating Evidence at Charge Framing Stage Under Section 239 CrPC, Failing to Consider Prima Facie Case Based on FIR and Charge Sheet Materials.

5 Sep 2022

The Supreme Court heard appeals by the State of Tamil Nadu against the Madras High Court's judgment discharging a public servant and his wife from pro...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Rejection of Plaint Under Order VII Rule 11 CPC. The Court held that the plaint disclosed triable issues regarding mortgage, power of attorney revocation, and jurisdiction, and could not be rejected at the threshold.

31 Jan 2025

The appellant, Vinod Infra Developers Ltd., claimed ownership of agricultural land in Jodhpur and alleged that it had borrowed Rs. 7.5 crores from res...

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 Allows Amendment of Written Statement in Commercial Suit — Defendant No. 7 Permitted to Amend Pleadings to Include Additional Grounds of Defence. Amendment Sought to Add Facts Regarding Execution of Agreement and Payment of Consideration, Held Not to Cause Prejudice to Plaintiff as Trial Not Yet Commenced.

30 Nov -0001

The present interim application was filed by defendant no.7, Ganesh Lakhaji Chudasama, seeking amendment of his written statement in a commercial suit...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiffs in Leave and License Dispute — Defendant's Unconditional Appearance Precludes Leave to Defend. The Court held that the Defendant failed to raise any triable issues and was not entitled to leave to defend under Order XXXVII CPC.

9 Dec 2014

The Plaintiffs, M/s. Mangla International Pvt. Ltd. and others, filed a Summary Suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908, a...

High Court

Madras High Court Allows Unconditional Leave to Defend in Summary Suit Under Order 37 CPC — Triable Issues Raised Regarding Loan Repayment and Promissory Note Execution. The court set aside the trial court's conditional leave order requiring 50% deposit, holding that the defendants raised substantial triable issues under Order 37 Rule 3(5) CPC.

26 Mar 2026

The case arises from a summary suit filed by the respondent/plaintiff, A. Kanagarajan, against the petitioners/defendants, M/s. Sri MVR Logistics Priv...

High Court

Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan Based on Dishonoured Cheques — Defendant Raises Triable Issues Including Running Account, Collateral Security, and Validity of Presentment.

24 Feb 2014

The plaintiffs, M/s. Ashok Commercial Enterprises and another, filed a summary suit against Parekh Aluminex Limited for recovery of Rs. 68,37,96,666/-...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Recovery of Salary and Perks Under Order XXXVII CPC — Disputed Employment Contract Raises Triable Issues. Court Held That Defendant Raised Triable Issues Regarding Terms of Appointment, Termination, and Quantum of Claims Under Offer of Appointment Dated 6th February 2008.

19 Jun 2012

The plaintiff, Dr. K.D. Mehru, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against M/s. Cosmos Brands Distributors P...

Supreme Court

Supreme Court Reverses High Court's Quashing of FIR and Summons in SC/ST Act Case Due to Erroneous Interpretation of Magistrate's Jurisdiction and Sanction Requirements. Magistrate Retains Power to Take Cognizance Under Amended Section 14 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sanction Under Section 197 of Code of Criminal Procedure, 1973 Not Required for Acts Not in Discharge of Official Duties.

26 Oct 2021

The dispute arose from an FIR registered by the appellant, a complainant, against police officers for offences under the Indian Penal Code and the Sch...

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