Search Results for "amended plaint"

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Search Results for "amended plaint"

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High Court

High Court of Judicature at Bombay Upholds Arbitral Award in Favor of Oil Corporation in Kerosene Supply Contract Dispute. Arbitrator Had Rejected Limitation Defense Under Contractual Clause and Held Clause Not Void Under Section 28 of Indian Contract Act.

4 Mar 2015

The matter arose from an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the original respondent in the ...

High Court

KAHC020110942015_1

13 Dec 2023

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Supreme Court

Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

9 Apr 2025

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

High Court

Bombay High Court Allows Appeal in Suit for Declaration of Title and Injunction — Finds Trial Court Erred in Holding That Plaintiffs Failed to Prove Title and Possession Over Suit Property. The Court Held That the Plaintiffs' Possession Was Established Through Evidence of Cultivation and Payment of Land Revenue, and the Defendants Failed to Prove Their Title.

24 Aug 2005

The appellants, original plaintiffs, filed a suit for declaration of title and permanent injunction in respect of a property situated in Calangute, Go...

High Court

Bombay High Court Allows Amendment of Plaint to Claim Alternative Relief of Possession in Suit for Specific Performance. The Court held that amendment of pleadings can be allowed even after trial has begun if no new evidence is required and no prejudice is caused, and that Article 137 of the Limitation Act does not apply to such amendments.

11 Feb 2013

The Petitioner, Shashikant Jagannath Powar, filed a Suit for specific performance of a contract against the Respondents, Baburao Huvappa Kurhade (dece...

High Court

Bombay High Court Dismisses Petition Challenging Civil Court Decree in Copyright Infringement Suit — No Error in Concurrent Findings on Ownership and Infringement of Film 'Barfi'. The court upheld the decree of permanent injunction and damages against the petitioners for unauthorized exhibition of the film, affirming the respondent's ownership under an agreement with the producer.

7 Dec 2015

The petitioners, including M/s UTV Motion Pictures and others, filed a writ petition under Article 227 of the Constitution of India challenging the ju...

High Court

Madras High Court Rehears Interlocutory Applications in Trademark Dispute for Interim Injunction. Court Directed to Apply Trinity Tests and Consider Section 12-A Compliance and Order 2 Rule 2 Bar After Remand by Division Bench.

5 Feb 2025

The Madras High Court reheard two interlocutory applications in a commercial suit involving a trademark dispute over the 'Massey Ferguson' brand. Trac...

High Court

Bombay High Court Dismisses Appeal in Property Dispute Against Municipal Corporation — Suit Barred by Limitation and Res Judicata. Claim for Declaration of Ownership and Injunction Fails as Plaintiff Failed to Prove Title and Suit Was Filed Beyond Limitation Period Under Limitation Act, 1963.

1 Apr 2005

The appeal arises from a suit filed in 1979 by the original plaintiff, Motilal Mahadev Sharma, against the Municipal Corporation of Greater Bombay see...

High Court

High Court of Karnataka Allows Second Appeal in Suit for Permanent Injunction — First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence. Adverse Possession Claim Fails as Appellants Failed to Prove Continuous Hostile Possession for Over 12 Years Under Section 100 CPC.

17 Mar 2016

The present appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a suit for permanent injunction filed by the original plaintiff...

High Court

High Court of Karnataka Dismisses Second Appeal in Declaration Suit — Concurrent Findings of Ownership Upheld. Regular Second Appeal under Section 100 CPC fails as no substantial question of law arises from concurrent findings of fact regarding title and possession.

13 Jun 2025

The appellant, Somayya Belchada, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree...

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