Search Results for "Cause of action"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
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Search Results for "Cause of action"

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High Court

High Court of Karnataka Quashes Ex-Parte Ad-Interim Order in Trademark Infringement Suit for Lack of Jurisdiction. Suit filed without cause of action within court's territorial limits held void ab initio under Section 20 of the Code of Civil Procedure, 1908.

15 Jul 2019

The petitioner, M/s Fine Footwear Private Limited, was the first defendant in a civil suit (O.S. No.2598/2019) filed by the respondents (Skechers enti...

High Court

High Court of Karnataka Quashes Investigation Order in Dowry Harassment Case Due to Lack of Territorial Jurisdiction. Proceedings under Section 498A IPC and Dowry Prohibition Act initiated at Hubballi without any part of cause of action arising within its jurisdiction.

5 Apr 2019

The petitioners, Manveer Singh, Jaspal Singh, and Gurucharan Kaur Sachdeva, filed a petition under Section 482 of the Code of Criminal Procedure, 1973...

High Court

Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Arbitration Dispute Over Thane Property. Court Holds That Cause of Action Arose in Thane, Not Mumbai, Despite Agreement Execution in Mumbai.

16 Oct 2012

The petitioners, Navin Makhija and others, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interi...

High Court

Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Arbitration Dispute. Court holds that no part of cause of action arose within its jurisdiction as contract was executed and performed in Chennai, and arbitration venue was Chennai.

16 Oct 2012

The petitioner, M/s. Roman Tarmat Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injunction restrain...

High Court

Bombay High Court Partially Allows Section 34 Petition Against Arbitral Award Rejecting Counterclaims as Time-Barred. Court holds that limitation for counterclaims arising from same transaction as main claim is governed by Article 1 of Limitation Act, 1963, and that the arbitral tribunal erred in applying a strict three-year period from the date of termination without considering the continuing breach and the date of final bill.

1 Oct 2012

The petitioner, Rolta India Limited, filed two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an in...

High Court

Bombay High Court Allows Appeal in Workmen's Compensation Case — Cause of Action for Personal Injury Does Not Survive to Heirs Under Section 306 of Indian Succession Act. The court held that the maxim actio personalis moritur cum persona applies to claims under the Workmen's Compensation Act, 1923, and the legal heirs cannot continue a claim for personal injuries when the workman's death is not linked to the injuries.

26 Sep 2012

The New India Assurance Co. Ltd. appealed against the judgment and award dated 18.12.2007 passed by the Commissioner under Workmen's Compensation Act/...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Medical Negligence Suit — Order 7 Rule 11 CPC Application Not Maintainable as Plaint Discloses Cause of Action. The court held that dismissal of criminal case does not operate as res judicata in civil suit and limitation is a mixed question of fact and law not to be decided summarily.

4 Sep 2012

The judgment arises from two Civil Revision Applications filed by Dr. M. N. Pal, the former Dean of Goa Medical College, challenging an order dated 03...

High Court

Bombay High Court Dismisses Petition to Discharge Caveat in Probate Proceedings — Legatee Under Prior Will Has Caveatable Interest. The Court held that a legatee under a prior Will has a caveatable interest and is entitled to oppose probate of a later Will, and that the testamentary suit challenging the later Will disclosed a cause of action.

25 Jul 2012

The case involves a dispute over the estate of Mr. Purvez Burjor Dalal, who died on 7 December 2011. The Petitioner, Manek Dara Sukhadwalla, filed a p...

High Court

Bombay High Court Dismisses Petition Challenging Arbitrator's Award in Stock Exchange Dispute. Claim Barred by Limitation Under NSE Bye-Laws as Last Transaction Occurred on 25th January 2008 and Six-Month Period Expired on 25th July 2008.

10 Feb 2012

The petitioner, DBS Cholamandalam Securities Ltd, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

High Court

Bombay High Court Dismisses Petition Challenging Civil Judge's Order in Suit for Declaration and Injunction — No Jurisdictional Error Found in Rejection of Application Under Order 7 Rule 11 CPC. The court held that the plaint disclosed a cause of action and limitation was a mixed question of fact and law.

30 Nov -0001

The petitioners, who were defendants in a civil suit filed by the respondents, challenged an order of the Civil Judge, Senior Division, Margao, dated ...

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