Search Results for "defendant's right"

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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...
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Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "defendant's right"

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High Court

Bombay High Court Dismisses Admiralty Suit for Cargo Damage Claim Due to Lack of In Rem Jurisdiction and Limitation Bar. The court held that the vessel was not within Indian territorial waters at the time of suit filing and the claim was time-barred under the one-year limitation period under Article III Rule 6 of the Hague Rules.

28 Aug 2019

The plaintiff, Elecon Engineering Company Limited, filed an admiralty suit in rem against the vessel 'Rickmers Dubai' and other defendants for recover...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Appellant failed to show any substantial question of law arising from concurrent findings of courts below regarding possession and title of suit property.

30 Nov -0001

The case involves a second appeal filed by Sou. Sheetal Ulhas Dangi, who was the original defendant no.22, against the judgment and decree passed by t...

High Court

Bombay High Court Dismisses Plaintiff's Appeal Against Denial of Interim Injunction in Trade Mark Passing Off Dispute, Holding No Prima Facie Case or Balance of Convenience. Phonetic Similarity of 'CHYMTRAL FORTE' to 'CHYMORAL FORTE' Insufficient for Interim Relief Where Drugs are Schedule H Prescription Medicines and Public Interest Favors Affordable Pricing.

17 Nov 2017

The dispute arose from Torrent Pharmaceuticals Limited's claim that Wockhardt Limited and East African (India) Remedies Pvt. Ltd. were passing off the...

High Court

Bombay High Court Upholds Eviction Decree Against Tenants for Default in Rent Payment, Dismisses Landlords' Cross-Appeal on Subletting. The Court held that Defendant Nos. 2 and 3 were direct tenants of the Plaintiffs and not sub-tenants, and decreed eviction solely on ground of default in payment of rent.

15 Oct 2024

The case involves cross proceedings between the landlords (Plaintiffs) and the tenants (Defendant Nos. 2 and 3) concerning a suit premises in Pune. Th...

High Court

Bombay High Court Allows Landlords' Petition in Eviction Suit After 48 Years of Litigation — Appellate Court's Reversal Set Aside for Ignoring Admissions and Evidence of Subletting. The Court held that the appellate court failed to consider the tenant's admission of subletting and the landlord's bona fide need, thereby warranting interference under Article 227 of the Constitution of India.

4 Sep 2017

The case involves a long-standing eviction suit filed in 1969 by the petitioners' father (landlord) against the respondent-tenant (Jivraj Bhanji) in t...

High Court

Bombay High Court Dismisses Civil Revision Application in Rent Control Subletting Case — Tenancy Terminated Under Section 16(1)(e) of Maharashtra Rent Control Act, 1999. The court upheld the Appellate Bench's finding that the tenant had sublet the premises to persons who were not family members, and that the earlier judgment regarding adoption did not create res judicata.

5 Jul 2024

The case involves a Civil Revision Application filed by the defendants (applicants) challenging the judgment and order dated 1 November 2023 passed by...

High Court

WRIT PETITION NO. 10475 OF 2011

7 Mar 2012

The case involved a partnership firm (Petitioner) engaged in manufacturing soft gelatin pharmaceutical products, and a US corporation (Respondent No.1...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses First Appellate Court's Dismissal on Limitation and Order II Rule 2 CPC. Time was not of essence of contract and suit was not barred by limitation or res judicata.

20 Aug 2022

The appellants, original plaintiffs, filed Special Civil Suit No. 51 of 1989 for specific performance of an agreement to sell immovable property again...

High Court

Bombay High Court Grants Interim Reliefs to Protect Estate of Deceased Testatrix in Administration Suit Pending Probate — Court Receiver Appointed for Inventory and Injunction Against Alienation of Flat. The court held that a suit for administration is maintainable even before grant of probate and that interim protection is necessary to prevent dissipation of assets under the Indian Succession Act, 1925.

23 Sep 2024

The suit was filed by Nina Anwar Merchant, the plaintiff, seeking administration of the estate of late Gulshan Rehman Meghani (testatrix) in accordanc...

High Court

High Court of Bombay Dismisses Sole Executrix in Probate Petition Under Indian Succession Act Over Will's Validity. Failure to Prove Execution Under Section 68 of Evidence Act and Suspicious Circumstances Found Including Testator's Ill Health and Exclusion of Sons.

10 Oct 2017

The litigation originated from an application for probate of an alleged will executed by Edakuda Panankandiyil Narayana Kurup, who passed away on 4 Se...

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