Search Results for "Suit Competency"

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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...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Suit Competency"

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High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Matter — Civil Court Has Jurisdiction to Examine Validity of Sale Notice Where Fraud or Irregularity Alleged. The court held that the bar under Section 34 of SARFAESI Act does not oust civil court jurisdiction when the challenge is based on fraud or violation of statutory provisions.

12 Aug 2022

The appellants, plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging ...

High Court

Bombay High Court Dismisses Petition to Recast Issues in Partition Suit — No Error in Trial Court's Refusal to Frame Additional Issues After Evidence Commenced. The court held that the application for recasting issues was belated and lacked justification under Order 14 Rule 5 CPC.

13 Jan 2022

The case arises from a partition suit filed by Lalasaheb Dattoba Pawar (Respondent No. 1) against several defendants, including Balasaheb Dattoba Pawa...

High Court

High Court of Karnataka Allows Writ Appeal in Municipal Tax Revision Case — Notice Set Aside for Non-Compliance with Section 147 of Karnataka Municipalities Act, 1964. The court held that the Commissioner's notice revising property tax was invalid as it failed to provide a mandatory opportunity of hearing to the petitioner before revision.

12 Feb 2020

The appellant, Smt. R. Sharada, filed a writ appeal against the order of a learned Single Judge dismissing her writ petition challenging a notice date...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing Interim Relief in Share Dispute — No Prima Facie Case for Injunction Against EGM and Share Transfer. Court held that balance of convenience did not favour restraining the holding company from exercising its voting rights and that the appellants failed to establish a strong prima facie case for the relief sought.

13 Feb 2019

The case involves a dispute between the appellants (Ravi Arya, Nakul Arya, Sushma Arya, Varun Arya, and Ravi Arya HUF) and the respondents, including ...

High Court

Bombay High Court Dismisses Appeal in Testamentary Case — Disqualification Under Section 25 of Hindu Succession Act, 1956 for Murder of Husband. Conviction for murder of husband disqualifies widow from inheriting his estate as 'murderer' under Section 25 of Hindu Succession Act, 1956.

17 Dec 2018

The case involves an appeal against an order of the learned Single Judge of the Bombay High Court dismissing a Chamber Summons filed by the Appellant,...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Specific Performance — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert Under Section 68 of Evidence Act, 1872.

21 Aug 2015

The case involves a second appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for specific performance of an agr...

High Court

High Court of Karnataka Allows Petition Challenging Small Causes Court Jurisdiction in Eviction Suit Where Tenant Denies Landlord-Tenant Relationship. Denial of Jural Relationship Ousts Jurisdiction of Small Causes Court Under Section 8(1) of Karnataka Small Causes Courts Act, 1964.

6 Jul 2015

The petitioner, Sri Pankaj L Kothari, was the sole defendant in a small causes case (S.C.1845/12) filed by the respondent, Sri T.K. Nagaraj, seeking e...

High Court

Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in International Commercial Arbitration. Parties Impliedly Excluded Part I of Arbitration and Conciliation Act, 1996 by Agreeing to ICC Rules and Zambian Law.

19 Mar 2013

The petitioner, Konkola Copper Mines (PLC), a company registered in Zambia, filed a petition under Section 9 of the Arbitration and Conciliation Act, ...

High Court

Bombay High Court Upholds Specific Performance of Unregistered Agreement Under MOFA — Loan Defence Rejected. Agreement for sale under Maharashtra Ownership Flats Act, 1963 is enforceable despite non-registration.

26 Nov 2012

The plaintiffs, shop purchasers, filed a suit for specific performance of an unregistered agreement for sale dated 31.8.1991 against the defendant dev...

High Court

Bombay High Court Dismisses Appeal in Share Dispute Case — Upholds Trial Court's Refusal of Interim Injunction. Court held that the appellants failed to establish a prima facie case for restraining the pledge of shares, as the shares were not proved to be held in a fiduciary capacity.

30 Nov -0001

The case involves a dispute between two branches of the Arya family over shares of Arya Iron & Steel Co. Pvt. Ltd. The appellants, Ravi Arya and other...

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