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Search Results for "long cause suit"

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High Court

Bombay High Court Upholds Stay of Civil Suit Pending Arbitration in Joint Venture Dispute. Arbitration Clause in Joint Venture Agreement Mandates Reference to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996.

24 Dec 2013

The petitioner, M/s Eagle AgroFarm Private Limited, owned certain properties and entered into a Joint Venture Agreement dated 9 May 2006 with Responde...

High Court

Bombay High Court Dismisses Appeal Against BMC Dispensary Construction on Municipal Land — No Prima Facie Title or Possession Established by Plaintiff. Suit property claimed by plaintiff was part of a larger municipal plot; plaintiff failed to show exclusive title or possession, and BMC's construction for public dispensary was held to be in public interest.

3 Oct 2023

The appellant, Dhanista Builders and Developers, a proprietary firm of Devdas Bhujang Rao, filed an appeal against an order of the City Civil Court, G...

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

30 Nov -0001

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...

Supreme Court

Supreme Court Decides on the Validity of Arbitral Award Covering Foreign Immoveable Properties Excluded from Preliminary Decree in a Partition Suit. Construction of Reference to Arbitration under Section 21 of the Indian Arbitration Act, 1940 Clarified.

13 Nov 1959

The dispute arose from a partition suit filed by the respondent, Subramaniam Chettiar, against his brother, Nachiappa Chettiar, and his sons (appellan...

High Court

High Court of Bombay at Nagpur Examines Executability of Compromise Decree in Eviction Suit under Maharashtra Rent Control Act. The court considers whether a compromise that does not refer to specific eviction grounds creates a fresh tenancy requiring new proceedings.

27 Jul 2022

The respondent-landlord filed a suit against the petitioner-tenants seeking eviction under Section 16(1)(e)(ii) and (g) of the Maharashtra Rent Contro...

High Court

High Court of Judicature at Bombay, Ordinary Original Civil Jurisdiction, hears a company petition for winding up of Videocon Industries Limited under sections 433(e) and 434(1)(a) read with 439 of the Companies Act, 1956. The petition, filed by an Italian bank, alleges non-payment of Euros 38 million under a Patronage Letter, which the petitioner argues is a guarantee for a loan to a step-down subsidiary.

5 Dec 2013

The petition, Company Petition No. 528 of 2012, was filed by Intesa Sanpaolo S.P.A., an Italian bank, seeking the winding up of Videocon Industries Li...

High Court

Bombay High Court Allows Plaintiff's Motion in Trade Mark Infringement Case Involving Use of Registered Mark as Corporate Name for Dissimilar Goods. The Full Bench overruled Raymond Ltd v Raymond Pharmaceuticals Pvt Ltd and held that Section 29(5) of the Trade Marks Act, 1999 provides a separate cause of action for infringement when a registered trade mark is used as a corporate or trading name, even for dissimilar goods.

1 Mar 2017

The case involves a Notice of Motion in a suit filed by CIPLA Limited against M/s. CIPLA Industries Private Limited and Vishal Khanna for alleged infr...

High Court

Bombay High Court Dismisses Civil Revision Application Against Rejection of Plaint Under Order VII Rule 11 CPC in Suit for Specific Performance and Declaration of Title. Limitation Issue Held to Be Mixed Question of Fact and Law Requiring Trial.

19 Sep 2024

The present Civil Revision Application (CRA) was filed by Defendant No.9 (the applicant) impugning an order dated 10.04.2023 passed by the Trial Court...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Order VII Rule 11 CPC Application in Commercial Suit for Possession. The Court held that the plaint disclosed a cause of action and the question of limitation was a mixed question of fact and law, not amenable to rejection under Order VII Rule 11 CPC.

25 Jun 2025

The petitioners, who were defendants in a commercial suit filed by the respondent/plaintiff, challenged an order dated 28.02.2025 passed by the IV Add...

High Court

Bombay High Court Allows Revision Against Rejection of Plaint in Specific Performance Suit — Agreement to Sell Barred by Limitation Under Article 54 of Limitation Act, 1963. Suit for specific performance of 1973 agreement filed in 2012 is ex facie barred by limitation and plaint must be rejected under Order 7 Rule 11(d) CPC.

12 Jun 2017

The petitioner, Abu Zar Rehman Khan Mobinuddin Khan, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challe...

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