Search Results for "unequivocal admission"

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Search Results for "unequivocal admission"

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High Court

Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

23 Sep 2025

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...

Supreme Court

Supreme Court Dismisses Appeal by Suspended Director in IBC Section 7 Admission Case — Balance Sheet Entries Constitute Valid Acknowledgement of Debt Under Section 18 of Limitation Act, 1963. The Court held that entries in the balance sheet of a corporate debtor, even without naming the specific creditor, amount to an acknowledgement of debt extending limitation under Section 18 of the Limitation Act, 1963, read with Section 238A of the Insolvency and Bankruptcy Code, 2016.

18 Oct 2024

The appeal arose from the admission of a Section 7 application under the Insolvency and Bankruptcy Code, 2016 (IBC) by the National Company Law Tribun...

Supreme Court

Supreme Court Sets Aside Eviction Decree in Landlord-Tenant Dispute: Admission in Unconnected Case Not Clear, Unambiguous, or Unequivocal Under Order XII Rule 6 CPC. Court Holds That a Statement Made in Cross-Examination in Another Case, Where the Tenant Admitted Tenancy Was in His Mother's Name, Does Not Constitute a Valid Admission for Summary Judgment Without Trial.

20 Sep 2024

The Supreme Court allowed the appeal against the judgment of the Calcutta High Court, which had decreed eviction of the appellants (tenants) from a pr...

High Court

High Court of Karnataka Dismisses Petition for MBBS Seat Under Sports Quota — Petitioner Failed to Meet Eligibility Criteria as Per Government Order. Court Held That Government Order Dated 19.08.2023 Requiring Participation at National Level Was Not Arbitrary and Petitioner's Achievement at State Level Did Not Qualify.

19 Jul 2024

The petitioner, Ms. Siri Srikanth, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondent...

High Court

Bombay High Court Dismisses Petition for Decree on Admission in Tenancy Suit — No Clear Admission of Tenancy Found in Written Statement. The Court held that Order XII Rule 6 CPC requires an unequivocal admission, and the Respondents' denial of tenancy and characterization of the Petitioner as a trespasser did not constitute such an admission.

27 Jun 2023

The Petitioner, Nagesh Krishnaji Koyalkar, filed a Writ Petition under Article 227 of the Constitution of India challenging an order dated 23 November...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging MBBS Seat Allotment Based on NEET Scores — No Right to Claim Admission Beyond Published Merit List. Petitioners, who were not in the merit list, had no vested right to challenge allotment to other candidates.

23 Sep 2019

The petitioners, Kum. Pujal V. Nayak and Kum. Annabelle Melanie Gomes, filed a writ petition before the High Court of Bombay at Goa challenging the al...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Remands for Trial on Admissions. The Court held that Order XII Rule 6 CPC requires clear and unequivocal admissions, and where the defendant disputes the genuineness of the agreement and receipt of consideration, the suit cannot be decreed summarily.

1 Jan 2019

The Supreme Court considered an appeal against the judgment of the Delhi High Court Division Bench which had allowed an application under Order XII Ru...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Dispute. No Case of Fraud or Irretrievable Injustice Made Out to Restrain Bank Guarantee Invocation Under Contract Law Principles.

22 Mar 2017

The appeal arises from an order of the learned Single Judge refusing to grant an injunction restraining the respondent from encashing a bank guarantee...

High Court

Bombay High Court Dismisses Winding-Up Petition Against Capital Controls India Private Limited and Chloro Controls (India) Private Limited — Disputed Debt and Lack of Bona Fide Defence. Petition under Sections 433(e) and 434 of the Companies Act, 1956 dismissed as the debt was bona fide disputed and the company had a valid defence.

18 Dec 2014

The petitioner, Severn Trent Water Purification Inc. (formerly Capital Controls Company, Inc.), filed a winding-up petition under Sections 433(e) and ...

High Court

Bombay High Court Allows Decree on Admission in Suit for Enforcement of Foreign Judgment — HSBC Bank U.S.A. v. Silverline Technologies Ltd. & Anr. The court held that the defendants' admissions in a settlement agreement and the conclusiveness of the foreign judgment under Section 13 of the Code of Civil Procedure, 1908 entitled the plaintiff to a decree on admission under Order XII Rule 6 CPC.

2 Feb 2006

The plaintiff, HSBC Bank U.S.A., filed a suit for recovery of US$ 17,919,603.68 based on a foreign judgment and decree dated 18.9.2002 passed by the U...

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