Search Results for "Counter claim"

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Madras High Court Allows State Appeal in Cauvery River Drowning Case — No Compensation for Deaths Due to Quicksand in Riverbed. Court Holds That Deaths Occurred in a Natural River Course and Not Due to Any Negligence or Omission by State Authorities, Reversing Single Judge's Award of Compensation.

The case involves three writ appeals filed by the State of Tamil Nadu against a common order of a learned Single Judge of the Madras High Court, which...

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Supreme Court Dissolves Marriage Under Article 142 in Transfer Petition Due to Irretrievable Breakdown and Allows Transfer of Proceedings

The marriage between the parties, solemnised in 2012, survived only for a brief period, after which they began living separately. For more than thirte...

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Supreme Court Considers Whether Two Appeals are Required When a Suit and Counterclaim are Disposed of by a Single Judgment. The Court Analyzed Conflicting High Court Decisions on the Maintainability of a Single Appeal Against a Composite Decree and Noted a Cleavage of Opinion.

The Supreme Court heard a civil appeal arising from a dispute over property rights wherein a suit for partition and injunction and a counterclaim for ...

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Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Agreement to Sale Not Proved as Defendants Denied Execution and Plaintiffs Failed to Establish Readiness and Willingness.

The present second appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a suit for specific performance of an agreement to sale ...

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Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

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Bombay High Court Allows Second Appeal in Eviction Suit — Tenant's Subletting Without Consent Justifies Decree for Possession. Lease Deed Clause Prohibiting Subletting and Assignment Without Landlord's Written Consent Enforced; Tenant's Alleged Partnership with Landlord's Son Not Proven.

The case involves a second appeal filed by the defendants/appellants against a judgment and decree dated 21.3.2000 passed by the Additional District J...