Search Results for "Counter claim"

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Bombay High Court Dismisses Arbitration Petition as Barred by Res Judicata. Claim for Interest on Counter-Claim Could Have Been Raised in Earlier Arbitration Under Same Concession Agreement.

The petitioner, Airport Authority of India, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an ...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Order IX Rule 9 CPC Bar Not Applicable When Earlier Suit Dismissed for Default Without Adjudication on Merits.

The case involves a Civil Revision Application filed by the original defendant, Chandrakant Bhaurao Waghmare, challenging an order dated 29.04.2019 pa...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 Notice. Failure to Inform Appellant of Right to Search Before Magistrate or Gazetted Officer Renders Recovery of Contraband Illegal and Conviction Unsustainable.

The appellant, Ms. Naomi Banda, a Zambian national, was convicted by a Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

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NOTICE OF MOTION COMMERCIAL DIVISION NO. 196 OF 2018

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Bombay High Court Allows Second Appeal in Property Dispute Between Brothers, Remands Case for Fresh Consideration of Counterclaim. Court holds that a counterclaim for possession cannot be decreed without proper valuation and payment of court fees under the Bombay Court Fees Act, 1959.

The appellant, original plaintiff Gujabrao, filed Special Civil Suit No.90/1993 for a permanent injunction against his brother Punjabrao (defendant No...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Brothers — Upholds Concurrent Findings on Ownership and Possession. Suit for Permanent Injunction Dismissed as Plaintiff Failed to Prove Title; Counterclaim for Possession Allowed Based on Prior Partition and Mutation Entries.

The appellant, Gujabrao Chavhan, filed a second appeal against the judgment of the District Court, Yavatmal, which dismissed his appeal and confirmed ...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

The appellant, Sanjay s/o Ishwar Bhanushali, was convicted by the Special Judge (Prevention of Corruption Act) for Greater Mumbai for offences under S...