Search Results for "avoid multiplicity"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "avoid multiplicity"

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High Court

Bombay High Court Allows Transfer of Patent Suit to High Court Under Section 104 of Patents Act, 1970 — Counterclaim for Revocation Mandates Transfer. The court held that upon filing a counterclaim for revocation of a patent, the suit must be transferred to the High Court, and the trial court cannot insist on payment of court fees before taking the counterclaim on record.

6 Jun 2011

The applicant, SERGI Transformers Explosion Prevention Technologies Private Limited, challenged the orders of the learned District Judge, Thane dated ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Partition Suit. Petitioner Failed to Show Sufficient Cause for Non-Appearance Despite Having Knowledge of Proceedings and Filing Written Statement.

28 Oct 2025

The petitioner, Smt. Sokkamma (since deceased, represented by her LR M. Byrappa), filed a writ petition under Article 227 of the Constitution of India...

Supreme Court

Supreme Court Upholds Transposition of Defendants as Plaintiffs in Suit for Cancellation of Sale Deed — Subsequent Purchasers Pendente Lite Allowed to Continue Suit Despite Withdrawal by Original Plaintiffs. The Court Held That Defendants Who Were Originally Plaintiffs and Had Identity of Interest Could Be Transposed Under Order XXIII Rule 1-A CPC to Protect Their Rights and Avoid Bar of Limitation.

6 Mar 2019

The case involves a civil suit originally filed in 1989 by A.C. Nataraja Mudaliar against A.V. Manoharan (defendant No.1) and R. Dhanasundari @ R. Raj...

High Court

Bombay High Court Allows Impleadment of Purchaser in Pending Eviction Suit — Lis Pendens Does Not Bar Impleadment Under Order 1 Rule 10 CPC. Purchaser of suit property during pendency of litigation is entitled to be impleaded to protect her interest, as the principle of lis pendens under Section 52 of Transfer of Property Act, 1882 only binds the purchaser by the decree, not prohibits impleadment.

19 Sep 2017

The petitioner, Minalini Lalit Modi, purchased the suit flat from the tenant (respondent no.2) during the pendency of an eviction suit filed by the la...

High Court

Bombay High Court Allows Amendment to Plaint in Property Dispute Due to Subsequent Dispossession. Amendment Based on Events After Issues Framed Is Permissible Under Order 6 Rule 17 CPC Despite Delay.

7 Feb 2012

The petitioner, Dela Gurudal Vanjari, filed a suit in 2005 seeking a declaration that a mutation entry was illegal and for an injunction against the r...

High Court

Bombay High Court Dismisses Transfer Application and Upholds Setting Aside of Abatement in Tenancy Suit. Allegations of bias against trial judge not substantiated; condonation of delay in bringing legal representatives justified to avoid multiplicity of litigation.

22 Aug 2005

The applicants, Ezu Joseph Fernandes and others, filed a miscellaneous civil application before the Bombay High Court challenging two orders: (1) the ...

High Court

Bombay High Court Dismisses Petition Challenging Mutation Entry in Land Revenue Records — Dispute Over Inheritance and Possession Not to Be Decided in Revenue Proceedings Under Maharashtra Land Revenue Code, 1966. Mutation Entry Does Not Confer Title; Civil Court Is Proper Forum for Adjudication of Will and Succession.

30 Nov -0001

The petitioners, legal heirs of the original petitioner Shakuntala Balsaraf (since deceased), filed a writ petition challenging the order of the Addit...

Supreme Court

Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

30 Jun 2021

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

High Court

Bombay High Court Allows Counter-Claim in Civil Suit Under Order VIII Rule 6A CPC — Rejects Trial Court's View That Counter-Claim Must Be Filed Only After Written Statement. The court held that a counter-claim can be filed after written statement but before settlement of issues, and the trial court's rejection was erroneous.

15 Jun 2026

The petitioners, Mandar Suresh Bhatwadekar and Dr. Shrirang Arun Limaye, were defendants in two civil suits (RCS/2249/2019 and RCS/2248/2019) filed by...

High Court

Amendment in Specific Performance Suit Allowed by Bombay High Court. Rejection of Amendment Reversed by High Court to Prevent Multiplicity of Proceedings and Include Subsequent Developments

27 Sep 2024

The Bombay High Court, in its judgment dated 1 July 2024, allowed the petitioner’s application for amendment in a suit for specific performance. The...

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