Search Results for "setting aside exparte decree"

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Bombay High Court Dismisses Impleadment Application in Property Suit — Plaintiffs Fail to Establish Prima Facie Title or Possession. Order 1 Rule 10 CPC requires direct legal interest; vague claims of possession without documentary evidence insufficient for impleadment.

The judgment pertains to a Notice of Motion filed by the plaintiffs in a suit seeking a declaration of ownership and possession of a property. The pla...

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Bombay High Court Quashes Remand Order in Co-operative Loan Recovery Case — Borrower's Admission of Liability Precludes Reopening of Accounts. Co-operative Appellate Court Exceeded Jurisdiction by Setting Aside Consent Decree Based on Borrower's Own Default in Payment.

The petitioner, Yashomandir Sahakari Patpedhi Maryadit, a co-operative society, filed a dispute under Section 91 of the Maharashtra Co-operative Socie...

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Bombay High Court Allows Appeal Against Vacation of Vessel Arrest in Admiralty Suit for Bunker Supply Claim. The court held that the Single Judge erred in vacating the arrest and directing security without proper findings of mala fides.

The appellant, Chemoil Adani Pvt. Ltd., filed an admiralty suit against the vessel m.v. Hansa Sonderburg and its owners for recovery of dues for suppl...

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Bombay High Court at Goa Upholds Environmental Clearance for Resort Construction in CRZ Area Subject to Conditions — Public Trust Doctrine and Precautionary Principle Applied to Protect Coastal Ecology and Local Livelihoods.

The judgment arises from a Public Interest Litigation and connected writ petitions challenging the environmental clearance granted to M/s. Leading Hot...

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Bombay High Court Considers Winding Up Petition Under the Companies Act, 1956, on Grounds of Loss of Substratum and Insolvency Due to Quashing of 2G Licenses; Final Disposition Not Extracted. Allegations of Dysfunctional Board and Insolvency Form Basis of Just and Equitable Winding Up Claim.

This Company Petition was filed by Etisalat Mauritius Ltd. (Petitioner), a wholly owned subsidiary of Emirates Telecommunications Corporation, seeking...

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Karnataka High Court Dismisses Insurance Company's Appeal and Enhances Motor Accident Compensation Under Order XLI Rule 33 CPC. Death Caused Due to Strangulation by Tractor Machinery; Court Holds Accident Proven and Awards Just Compensation.

The appeal was filed by New India Assurance Company Limited against the judgment and award dated 02.01.2012 passed by the Principal Senior Civil Judge...

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Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...