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Supreme Court Dismisses Appeal in Cooperative Society Redevelopment Case on Jurisdiction and Limitation Grounds. Civil Court Maintainability Upheld Under Section 91 of Maharashtra Cooperative Societies Act, 1960, and Suit Found Within Limitation with Possible Section 14 Benefit.

The dispute arose from a redevelopment project involving a Cooperative Society registered under the Maharashtra Cooperative Societies Act, 1960. The r...

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Supreme Court Dismisses Plaintiffs in Property Declaration Suit Due to Omission of Possession Relief. Suit for Declaration and Injunction Held Not Maintainable Under Section 34 of Specific Relief Act, 1963 as Plaintiff, Not in Possession, Failed to Seek Further Relief of Possession.

The dispute originated from a suit filed in 1987 by Arakeri Abbaiah, the original plaintiff, seeking declaration of ownership and permanent injunction...

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Supreme Court Allows Arbitration Appointment Despite Limitation Bar — Scope of Section 11(6A) Confined to Existence of Arbitration Agreement. The 2015 Amendment Act restricts court's role to checking arbitration agreement existence, leaving limitation and other issues to arbitrator under Section 16.

The dispute arose from an agreement dated 21.12.2010 between M/s. Uttarakhand Purv Sainik Kalyan Nigam Limited (Petitioner-Contractor) and Northern Co...

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Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — No Contributory Negligence by Deceased Driver. Insurer Failed to Prove Negligence of Deceased in Head-On Collision with Tempo; MACT Award of Rs. 71,36,917 Upheld.

The case arises from a motor accident claim filed by the respondents (claimants) being the legal heirs of Sudam Auti, who died in a head-on collision ...

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Bombay High Court Grants Leave to Combine Causes of Action for Trademark Infringement and Passing Off Under Clause XIV of Letters Patent. Court Holds That Discovery at Preliminary Stage Is Limited to Documents Relevant to Preliminary Issues Under Section 9A CPC.

The Petitioner, SabMiller India Ltd., filed a suit for perpetual injunction against M.P. Beer Products Pvt. Ltd. for infringement of its registered tr...

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Bombay High Court Allows Appeals by Claimants in Motor Accident Claims for Deaths in Autorikshaw Collision with Truck — Negligence of Truck Driver Established, Contributory Negligence Not Proven. Compensation Enhanced with Multiplier 17, Future Prospects, and 7.5% Interest.

The appeals arise from a motor accident claim where three deceased persons (Madhukar Dabhalkar, Kailash Bathe, and Kadusing Rajput) died in a collisio...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial and appellate courts' dismissal of suit for declaration of ownership and injunction, finding no substantial question of law under Section 100 CPC.

The case involves a second appeal filed by the original plaintiffs and some defendants against the judgment and decree of the District Judge, Ahmednag...