Search Results for "averment"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "averment"

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High Court

Bombay High Court Grants Interim Injunction Enforcing Negative Covenants in E-Sports Collaboration Agreement. Court restrains Defendants from associating with competing platforms and disclosing confidential information pending trial.

6 Dec 2022

The Plaintiff, Stoughton Street Tech Labs Pvt. Ltd., operates LOCO, an online live streaming and e-sports gaming platform. It entered into a Collabora...

High Court

Bombay High Court Grants Interim Injunction Enforcing Negative Covenants in E-Sports Collaboration Agreement. Court Restrains Defendants from Associating with Competing Platforms and Disclosing Confidential Information Pending Trial.

6 Dec 2022

The Plaintiff, Stoughton Street Tech Labs Pvt. Ltd., operates LOCO, an online live streaming and e-sports gaming platform. It entered into a Collabora...

High Court

Bombay High Court Allows Amendment in Hindu Marriage Annulment Petition to Add Averments of Impotency — Trial Court's Rejection Set Aside. The court held that amendments to pleadings should be liberally allowed and the proposed amendment did not introduce a new case but clarified the existing ground under Section 12(1)(a) of the Hindu Marriage Act, 1955.

7 Dec 2021

The petitioner, Vaishali Shrikant Arane, filed a petition under Section 12 of the Hindu Marriage Act, 1955, seeking annulment of her marriage with the...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Order VII Rule 11 CPC Application in Election Petition — Application Filed After Issues Framed Held to Be Delaying Tactic. The court upheld the trial court's order imposing costs for protracting the election petition.

15 Dec 2021

The petitioner, Prakash Devji More, was elected as a Councillor of the Municipal Corporation of Greater Mumbai (MCGM) on 23/02/2017. The respondent No...

High Court

Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation for Deaths of Jeep Occupants. Insurer's Defense of Breach of Policy Conditions Fails as No Evidence of Willful Violation or Vehicle Use Beyond Permitted Purpose Was Established.

10 Dec 2021

The New India Assurance Company Limited filed four First Appeals under Section 173 of the Motor Vehicles Act, 1988, challenging separate judgments of ...

High Court

Bombay High Court Quashes Orders Under Section 32(3) of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 — Deputy Director Lacked Jurisdiction to Reopen Final Consolidation Scheme After 30 Years. The court held that once a certificate under Section 22 is issued, the scheme attains finality and cannot be reopened under Section 32(3) except for clerical errors.

13 Feb 2020

The petitioners, Padmabai Narayan Chaudhary and others, filed a writ petition challenging two orders passed by the Deputy Director of Land Records, Au...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

11 Feb 2020

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

High Court

Bombay High Court Dismisses Revenue's Petition Challenging Tribunal's Recall Order in Hawala Income Tax Case. Tribunal's power to recall its ex parte order under Section 254(2) of the Income Tax Act, 1961 is upheld as procedural rectification.

2 Mar 2020

The case involves a writ petition filed by the Commissioner of Income Tax-12, Mumbai (Revenue) under Article 226 of the Constitution of India, challen...

High Court

High Court of Karnataka Allows Commercial Appeal in Arbitration Reference Dispute — Partnership Deed Arbitration Clause Mandates Reference Despite Allegations of Fraud. Section 8 of the Arbitration and Conciliation Act, 1996 requires referral to arbitration when arbitration agreement exists and dispute falls within its scope, even if fraud is alleged, unless fraud is so pervasive that it vitiates the arbitration agreement itself.

13 Feb 2025

The appellant (original defendant) and respondent (original plaintiff) entered into a Partnership Deed on 24 June 2020 for the business of sale of mot...

High Court

High Court of Karnataka Quashes SARFAESI Notices Against MSME Borrower for Non-Compliance with Mandatory Pre-Action Protocol. Bank's failure to follow RBI Circular dated 29.05.2015 requiring classification as NPA only after 90 days and issuance of 60-day notice before invoking SARFAESI renders proceedings invalid.

29 Apr 2025

The petitioners, M/s. Metro Steel Section (Firm) and its partners, are MSME borrowers who availed credit facilities from the State Bank of India. The ...

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