Search Results for "inconsistent pleadings"

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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 "inconsistent pleadings"

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High Court

Gujarat High Court Dismisses Second Appeal in Land Possession Dispute, Upholding Concurrent Findings of Ownership and Possession in Favor of Paschim Gujarat Vij Company Ltd. The Court Held That the Defendant Failed to Prove Adverse Possession and That the Suit for Possession Without Declaration Was Maintainable Under Section 6 of the Specific Relief Act, 1963.

19 Feb 2026

The appellant, Bhavesh Jivraj Solanki, was the defendant in a suit filed by Paschim Gujarat Vij Company Ltd. (PGVCL) for recovery of possession of lan...

Supreme Court

Supreme Court Directs Compensation for Delayed Possession in Fiesta Homes Project. The Supreme Court mandates compensation for homebuyers, correcting NCDRC's oversight of the construction agreement's possession date.

22 Jul 2024

The appellants, along with proforma respondents, filed a complaint against the first respondent-builder for delay in handing over possession of flats ...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit — Licensee Cannot Claim Ownership After Gratuitous Entry. Court upholds decree for possession based on valid termination of license under Section 62 of the Indian Easements Act, 1882, rejecting inconsistent defences of ownership and adverse possession.

12 Apr 2019

The case involves a dispute over possession of a house in Mahabaleshwar. The plaintiff, a member of a low-income housing society, constructed the suit...

Supreme Court

Supreme Court Allows Appeals in Part, Holds Interest on Delayed Payments Act, 1993 Applicable to Contracts Entered Before Its Commencement for Delays Occurring After 23.09.1992. The Court ruled that the Act is retroactive and applies to all payments made after its commencement, and that a suit for interest alone is maintainable.

23 Jan 2019

The Supreme Court considered appeals arising from a common judgment of the Gauhati High Court which had set aside trial court decrees in favor of supp...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Patent Infringement Suit — Director's Authority to Sue Not Barred by Absence of Board Resolution at Plaint Stage. The court held that Order 29 Rule 1 CPC allows a director to sign and verify pleadings, and the absence of a board resolution is not a ground for rejection under Order 7 Rule 11(d) CPC.

2 Sep 2014

The appellant, M/s. Alcon Electronics Pvt. Ltd., filed a suit against the respondent, Celem S.A., in the District Court at Nashik seeking a declaratio...

High Court

Bombay High Court Dismisses Defendant's Chamber Summons to Strike Out Affidavit of Evidence in Specific Performance Suit — Affidavit of Evidence Not a Pleading Under Order 6 Rule 16 CPC. Court Holds That Averments Not in Written Statement May Be Allowed If They Do Not Introduce a New Case or Cause Prejudice.

20 Mar 2013

The Plaintiffs filed a suit for specific performance of a contract based on an unsigned MOU. The Defendant filed a written statement after a delay of ...

High Court

Bombay High Court Allows Appeal Against Dismissal of Amendment Application - Article 137 of Limitation Act Does Not Apply to Amendment of Pleadings Under Order 6 Rule 17 CPC. The court held that the right to apply for amendment arises when the need is discovered, not on filing of written statement, and allowed the amendment to avoid multiplicity of proceedings.

27 Feb 2013

The appeal arose from an order of the Learned Single Judge of the Bombay High Court dismissing a Chamber Summons for amendment of the written statemen...

High Court

Bombay High Court Allows Medical Students to Appear for Supplementary Examination in General Surgery Despite MCI Regulations. University Regulations Prevail Over MCI Regulations as MCI Regulations are Directory Not Mandatory.

23 Jun 2006

The petitioners were students prosecuting their M.B.B.S. course in colleges affiliated to the Maharashtra University of Health Sciences. They had pass...

High Court

Bombay High Court at Goa Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Courts Below. The court held that the appellants failed to prove their title and possession over the suit property, and the findings of fact by the lower appellate court were not perverse or based on no evidence.

30 Nov -0001

The case involves two second appeals filed by the appellants against the judgment and decree of the District Judge, South Goa, Margao, in Regular Civi...

High Court

Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Courts Below on Title and Possession. The court held that the appellant failed to prove title and possession over the suit property, and the findings of fact by the lower appellate court were not perverse or based on no evidence.

30 Nov -0001

The case involves a property dispute where the appellant, Xec Mohidin (since deceased, represented by his heirs), filed a second appeal against the ju...

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