Search Results for "plaintiff's assertion"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "plaintiff's assertion"

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High Court

High Court of Karnataka Allows Petition Challenging Small Causes Court Jurisdiction in Eviction Suit Where Tenant Denies Landlord-Tenant Relationship. Denial of Jural Relationship Ousts Jurisdiction of Small Causes Court Under Section 8(1) of Karnataka Small Causes Courts Act, 1964.

6 Jul 2015

The petitioner, Sri Pankaj L Kothari, was the sole defendant in a small causes case (S.C.1845/12) filed by the respondent, Sri T.K. Nagaraj, seeking e...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Cheque Dishonour Case — Defendant's Admission of Liability and Failure to Disclose Triable Issues Leads to Decree. The court held that a bare assertion without documentary evidence does not constitute a triable issue under Order 37 CPC.

14 Dec 2005

The plaintiff filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, to recover amounts lent and advanced to the defendant, based o...

Supreme Court

Supreme Court Allows Appeal of Municipal Corporation in Solid Waste Project Injunction Case — Environmental Claims Lacked Scientific Evidence. Court Restores Trial Court's Dismissal of Suit, Holding That Civil Courts Cannot Restrain Statutory Projects Based on Unsubstantiated Apprehensions.

1 Jan 2020

The Supreme Court allowed the appeal of Ratnagiri Nagar Parishad against the judgment of the Bombay High Court which had affirmed the decree of perman...

High Court

High Court of Karnataka Allows SBI Appeal in Demand Draft Fraud Case — Bank Held Negligent for Confirming Non-Encashment Despite Prior Payment. SBI Bangalore's Own Negligence in Issuing Incorrect Confirmation Precludes Recovery from Collecting Bank Under Section 131 of Negotiable Instruments Act, 1881.

14 Aug 2013

The appellant, State Bank of India (SBI), Bangalore branch, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, agains...

High Court

High Court of Bombay Considers Application for Rejection of Plaint in Suit Alleging Unauthorized Alienation of Joint Family Property by Father. Limitation Period Under Section 109 of Limitation Act, 1963 Raised as Defence.

17 Oct 2025

The matter arises from an Interim Application filed by Defendant No.1, Mantri Building Condominium, seeking rejection of the plaint under Order VII Ru...

High Court

Bombay High Court Dismisses Appeal in Partition Suit — Appellants Fail to Prove Exclusive Title Over Suit Property. Court upholds trial court's finding that suit property was joint family property and not self-acquired, dismissing appeal for lack of evidence.

30 Nov -0001

The appellants, five sisters, filed a suit for partition and separate possession of a property situated at Village Manor, Taluka Palghar, District Tha...

High Court

Bombay High Court Allows Expunging of Expert Evidence Applying Foreign Law in Suit for Enforcement of Foreign Judgment. Expert Witness Cannot Apply Foreign Law to Facts; Only State the Law Under Order 18 Rule 17 CPC and Section 45 Evidence Act.

29 Aug 2017

The plaintiffs filed a Notice of Motion seeking to expunge parts of the affidavit of evidence of the defendants' expert witness, Mr. Patrick Keel, who...

High Court

High Court of Karnataka Dismisses Appeals Against Interim Injunction in Property Suit — Balance of Convenience Favors Plaintiff. The court upheld the trial court's order granting interim injunction under Order 39 Rules 1 and 2 CPC, finding no perversity in the exercise of discretion.

7 Jul 2025

The case involves four miscellaneous first appeals filed by the appellants, Mohamed Umar Seeni Ariff Khan and Mrs. Mumtaj Seeni Ariff Khan, against th...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Permanent and Mandatory Injunction — Concurrent Findings of Fact Not Interfered With. Appellant failed to prove possession and title over suit property; courts below correctly held that respondent was in possession and had constructed boundary walls and tin shed.

21 Mar 2018

The present second appeal arises from a suit for permanent and mandatory injunction filed by the appellant (original plaintiff) against the respondent...

High Court

Bombay High Court Allows Referral of Admiralty Suit to Arbitration Under Section 45 of Arbitration and Conciliation Act, 1996 — Arbitration Agreement Enforceable Despite Admiralty Claim. The court held that the existence of an arbitration agreement between parties mandates referral of the dispute to arbitration, and the admiralty suit cannot proceed in court.

6 Jul 2005

The judgment concerns two arbitration petitions filed under Section 45 of the Arbitration and Conciliation Act, 1996, seeking referral of an admiralty...

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