Search Results for "statutory defences"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "statutory defences"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to File Written Statement and Counterclaim Under Order 8 Rule 1 CPC — Petitioner Failed to Show Sufficient Cause for Delay Beyond 90 Days. The court upheld the trial court's discretion in refusing to condone the inordinate and unexplained delay in filing the written statement, holding that the statutory period under Order 8 Rule 1 CPC cannot be extended beyond 90 days except in exceptional circumstances.

28 Aug 2019

The petitioner, Vesta Building Products Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging an order dated 30 ...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Inconsistent Defence and Failure to Rebut Presumption. Accused Convicted Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Friendly Loan.

4 Aug 2005

The appellant, Ramdas Anant Naik, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against respondent Jacob Fernandes, alle...

High Court

Bombay High Court Allows Recovery Suit Against Carrier for Short Delivery of Pharmaceutical Cargo Under Carriage of Goods by Sea Act, 1925. Carrier Held Liable for Missing Cartons Despite Claim of Limited Liability as Value Was Declared in Bill of Lading.

9 Sep 2005

The plaintiffs, M/s. Unique Pharmaceutical Laboratories, filed a suit for recovery of Rs. 11,32,583/- with interest against the defendants, M/s. Stalc...

High Court

Bombay High Court Allows Revision Against Rejection of Plaint in Municipal Corporation Suit — Bar of Civil Court Jurisdiction Under Section 433A of Maharashtra Municipal Corporations Act Can Be Considered Under Order VII Rule 11 CPC. The court held that a suit challenging a notice under Section 260 for unauthorized construction is barred by Section 433A, and the bar can be examined under Order VII Rule 11 even if not apparent from the plaint.

29 Apr 2013

The case involves a civil revision application filed by the Commissioner of Akola Municipal Corporation against an order of the Trial Court rejecting ...

High Court

Bombay High Court Allows Landlord's Petition in Eviction Case Based on Bonafide Need Under C.P. & Berar Rent Control Order, 1949 — Reversing Appellate Court's Dismissal of Suit.

6 Nov 2006

The petitioner, Tirathdas Pokhardas Kalda, aged about 83 years, is the owner of a house at Teen Nal square, Nagpur, which includes a shop block of abo...

High Court

Bombay High Court Dismisses Appeal by Municipal Corporation in Demolition Notice Case. Court holds that demolition notices under Section 351 of the Mumbai Municipal Corporation Act, 1888 require prior show-cause notice and opportunity of hearing, upholding trial court's order setting aside notices.

1 Dec 2025

The Municipal Corporation of Greater Mumbai (appellant) filed an appeal against an order of the City Civil Court, Mumbai, which set aside demolition n...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Café Madras' Restaurant Name. The mark 'Café Madras' held to be inherently distinctive and entitled to protection against use by a subsequent restaurant of the same name.

11 Mar 2015

The plaintiffs, the Kamath family, have been running a restaurant named 'Café Madras' in Matunga, Mumbai since 1938. The restaurant has acquired a re...

High Court

Bombay High Court Dismisses Notice of Motion in Trademark Infringement Suit Due to Delay and Lack of Urgency. Plaintiffs' claim for interim injunction rejected as they failed to establish prima facie case and balance of convenience.

30 Nov -0001

The plaintiffs, Lokhandwala Construction Industries Pvt. Ltd. and Lokhandwala Builders Pvt. Ltd., filed a suit for trademark infringement and passing ...

High Court

Bombay High Court Dismisses Petition Challenging DRAT Order Setting Aside DRT's Reference to Arbitration in Bank Recovery Suit. Arbitration Clause Does Not Oust Jurisdiction of DRT Under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

8 Mar 2016

The petitioner, Harvestdeal Securities Ltd., challenged an order of the Debt Recovery Appellate Tribunal (DRAT) dated 19 February 2015, which set asid...

High Court

Bombay High Court Grants Interim Injunction in Design Infringement Case — Defendant's Plastic Container Found Deceptively Similar to Plaintiff's Registered Design Under Designs Act, 2000. The court applied the 'eye test' and held that the overall impression of the Defendant's product was identical to the Plaintiff's registered design, despite minor differences in colour.

1 Jul 2016

The Plaintiffs, Selvel Industries and Sears Industries, filed a suit for infringement and passing off under the Designs Act, 2000, against the Defenda...

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