Search Results for "defendant's right"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "defendant's right"

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High Court

Bombay High Court Orders Return of Security in Admiralty Suit for Lack of Sister Ship Relationship. Security furnished for arbitration claim cannot be retained when the vessel arrested is not a sister ship of the vessel for which services were provided.

21 Feb 2014

The plaintiff, Condor Maritime Dienstleistung GmbH & Co. KG, filed an admiralty suit against m.v. Western Light and its owners (defendants) claiming m...

High Court

Bombay High Court Considers Bank's Claim for Recovery of Dues from Export Company and its Director. Dispute Centers on Alleged Agreement to Debit Cash Credit Account Upon Dishonour of Foreign Bills Purchased Under FBP Facility.

13 Jul 2006

The suit was filed by Bank of India to recover Rs.5,67,332.51 with interest at 19.5% per annum from B.C. Mody Exports P. Ltd. (defendant no.1) and its...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved Due to Lack of Independent Witnesses and Discrepancies in Evidence. Court upholds trial court's finding that the plaintiff failed to prove readiness and willingness to perform the contract under Section 16(c) of the Specific Relief Act, 1963.

9 Jul 2014

The case involves a first appeal filed by the original plaintiff, Naziruddin Khan (since deceased, represented by his legal heirs), against the dismis...

High Court

Bombay High Court Rejects Plaint in Property Suit as Barred by Limitation — Failure to Disclose Cause of Action Within Three Years of Knowledge of Alleged Fraud Leads to Rejection Under Order VII Rule 11(d) CPC. The court held that the plaintiff's knowledge of the alleged fraud in 2015 or earlier triggered the limitation period under Article 58 of the Limitation Act, 1963, and the suit filed in 2021 was beyond the prescribed period.

18 Jul 2022

The plaintiff, Ramesh Mali, filed a suit seeking declaration and injunction in respect of certain properties originally owned by his deceased father, ...

High Court

Madras High Court Dismisses Appeal for Specific Performance, Upholds Counterclaim for Possession. Plaintiffs failed to prove readiness and willingness to perform sale agreement within reasonable time under Specific Relief Act, 1963.

30 Mar 2026

The appellants, B.Kannan and K.Tamijarassy, were the plaintiffs in a suit for specific performance of an agreement of sale dated 12.07.2006, filed aga...

High Court

Bombay High Court Dismisses Revision Against City Civil Court's Jurisdiction in Property Suit — Preliminary Issue on Jurisdiction Decided Against Applicant. Court holds that City Civil Court has jurisdiction to try suit for specific performance and injunction where property value exceeds its pecuniary limits but suit was transferred from High Court under Section 15 of Bombay City Civil Court Act, 1948.

21 Jan 2015

The case involves a Civil Revision Application filed by the original defendant (applicant) against an order dated 19th May 2014 passed by the learned ...

High Court

Bombay High Court Grants Injunction Against Eris Lifesciences in Trademark Infringement Case. Phonetic Similarity Between 'NEBISTAR' and 'NEBISTOL' Leads to Restraint Order Under Trade Marks Act, 1999.

23 Dec 2015

The Plaintiff, Lupin Limited, filed a suit alleging that the Defendants, Eris Lifesciences Pvt. Ltd. and others, were infringing its registered tradem...

High Court

Bombay High Court Considers Notice of Motion for Rejection of Plaint in Trust Suit Under Order VII Rule 10A CPC. The Court Examines Whether Non-Compliance with Order VII Rule 10A CPC and Limitation Bar the Freshly Filed Suit.

22 Aug 2013

The matter arose from a Notice of Motion taken out by defendant no.7 in a trust dispute suit pending before the Bombay High Court. The plaintiff claim...

High Court

Bombay High Court Dismisses Second Appeal for Specific Performance of Sale of Agricultural Land — Upholds Concurrent Findings of Trial and Appellate Courts. The plaintiff failed to prove readiness and willingness to perform the contract, and the courts below correctly dismissed the suit for specific performance.

8 Jun 2016

The appellant (original plaintiff) filed a suit for specific performance of a contract of sale of 6 acres of agricultural land (Gat No. 69/A) situated...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Oral Agreement to Sell Flat. Oral Agreement for Sale of Immovable Property Not Enforceable Due to Lack of Written Contract and Part Performance Under Section 53A of Transfer of Property Act, 1882.

3 Feb 2012

The plaintiff, Nirav Deepak Modi, filed a suit for specific performance of an oral agreement allegedly entered into with defendant No.1, Najoo Behram ...

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