Search Results for "striking out party"

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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 "striking out party"

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Supreme Court

Supreme Court Refers Review Petitions on Women's Entry to Sabarimala Temple to Larger Bench — Constitutional Questions on Religious Freedom and Essential Practices Require Authoritative Determination by Seven-Judge Bench. The court identified an apparent conflict between Shirur Mutt and Durgah Committee regarding judicial review of essential religious practices under Articles 25 and 26 of the Constitution.

14 Nov 2019

The Supreme Court, in a judgment dated November 14, 2019, disposed of a batch of review petitions and connected matters arising from the earlier judgm...

High Court

Bombay High Court Sets Aside Striking of Defence in Maintenance Default Case — Petitioner Granted Four Weeks to Pay Arrears. The court held that the order striking out defence under Order 39 Rule 11 CPC is discretionary and can be set aside upon the petitioner's undertaking to pay arrears within a specified period.

6 Dec 2018

The petitioner, Evelyn Pacifico Gonsalves, challenged an order dated 26 September 2018 passed by the learned Family Court at Mumbai, which struck out ...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Between Co-Owners — Appellate Court Exceeded Jurisdiction Under Order 39 Rule 11 CPC. Discretionary Power Under Order 39 Rule 11 CPC Cannot Be Exercised Mechanically Without Showing Prejudice.

20 Mar 2017

The case involves a property dispute between two brothers, Shashikant Yeshwant Pal and Tanaji Yeshwant Pal, and their respective wives, over a house p...

High Court

Bombay High Court Dismisses Contempt Notices Against Defendant in Patent Infringement Suit — No Willful Disobedience Found. Court holds that breach of an order must be willful and deliberate to constitute contempt under Order 39 Rule 2A CPC, and mere technical or inadvertent violations do not attract punishment.

28 Jun 2016

The Plaintiff, CTR Manufacturing Industries Ltd., filed a patent infringement suit against Sergi Transformer Explosion Prevention Technologies Pvt. Lt...

High Court

Bombay High Court Allows Rejection of Plaint Against Defendant Directors in NSEL Suit for Lack of Averments and Immunity Under IFC Act. The court held that vague allegations without specific averments do not constitute a cause of action, and an IFC employee is immune from suit for official acts under the International Finance Corporation (Status, Immunities and Privileges) Act, 1958.

23 Sep 2015

The Bombay High Court disposed of two notices of motion filed by Defendant Nos. 14 and 15 in a suit by National Spot Exchange Limited (NSEL) against v...

High Court

Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

4 Oct 2012

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...

High Court

Bombay High Court Upholds Striking Off Defence for Non-Payment of Maintenance in Family Court Proceedings. Failure to Pay Interim Maintenance Under Section 18 of Hindu Adoption & Maintenance Act, 1956 Justifies Striking Off Defence Under Order 39 Rule 11 CPC.

7 Mar 2012

The petitioner-husband and respondent-wife married on 3.5.1983. Marital discord led to multiple proceedings: the wife filed for divorce under Section ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Striking of Election Petition Paragraphs in Municipal Election Dispute. Court upholds that vague allegations of corrupt practices without specific details of consent by the returned candidate are liable to be struck off under Order VI Rule 16 CPC.

2 Aug 2011

The petitioner, Eknath Bayaji Gadkari, filed an election petition under Section 33(1) of the Mumbai Municipal Corporation Act, 1888, challenging the e...

High Court

Bombay High Court Dismisses Election Petition for Non-Compliance with Section 83 of the Representation of the People Act, 1951 — Failure to Furnish Material Facts and Full Particulars of Alleged Corrupt Practices Renders Petition Liable for Summary Dismissal.

10 Mar 2010

The petitioner, Dr. Kirit Jayantilal Somaiya, filed an election petition challenging the election of respondent No.1, Sanjay Dina Patil, from the Mumb...

High Court

Bombay High Court Dismisses Application for Withdrawal of Suit by Legal Representatives in Property Dispute — Held That Executors of Deceased Plaintiff's Will Are Necessary Parties and Suit Cannot Be Withdrawn Without Their Consent

30 Nov -0001

The case involves a Notice of Motion filed by H.H. Jyotiraditya Madhavrao Scindia and Smt. Madhavi Raje Madhavrao Scindia, who are legal representativ...

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