Search Results for "Cause of action"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Cause of action"

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High Court

Bombay High Court Allows Appeal in Commercial Suit for Specific Performance — Agreement to Sell Not Frustrated by Non-Payment of Stamp Duty. Court holds that failure to pay stamp duty on an agreement to sell does not render the agreement void or unenforceable, and the plaintiff is entitled to seek specific performance subject to payment of deficit stamp duty and penalty.

22 Dec 2023

The appellant, Jay Kirtikumar Ashani, filed a Commercial Suit (No. 161 of 2022) for specific performance of an agreement to sell dated 15th October 20...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Eviction Suit — Amendment Allowed as Necessary for Determining Real Controversy Between Parties. The court upheld the trial court's order allowing amendment to incorporate death of original plaintiff and substitution of legal representatives, holding that pre-trial amendments are to be liberally allowed under Order VI Rule 17 CPC.

5 Dec 2023

The petitioner, M/s. Wrangle Investment Limited, challenged the judgment and order dated 26 September 2019 passed by the Court of Small Causes at Bomb...

High Court

Bombay High Court Dismisses Tenant's Writ Petition Challenging Appellate Bench's Order Setting Aside Rejection of Plaint in Eviction Suit. Transfer of Property Pending Suit Does Not Extinguish Landlord's Cause of Action Under Section 16(1)(a) and (b) of Maharashtra Rent Control Act, 1999.

29 Nov 2023

The case involves a civil writ petition filed under Article 227 of the Constitution of India by the original tenant, Ratnamala Mohan Aklujkar, challen...

High Court

Bombay High Court Grants Anti-Suit Injunction Restraining Former Employees from Pursuing Foreign Proceedings in Breach of Exclusive Jurisdiction Clause. Employment contracts containing forum selection clauses designating Indian courts as exclusive forum are enforceable, and breach thereof constitutes a clear case for anti-suit injunction to protect the sanctity of contracts and prevent multiplicity of proceedings.

4 Oct 2023

The plaintiff, SNV Aviation Private Limited, filed multiple suits and interim applications against its former employees (defendants) who had executed ...

High Court

High Court of Bombay at Goa Allows Revision Against Rejection of Application Under Order 7 Rule 11 CPC for Dismissal of Counterclaim. Counterclaim for Compensation Based on Vexatious Suit Not Maintainable Without Prior Adjudication of Vexatiousness.

21 Sep 2023

The applicant, M/s Green Associates, filed Special Civil Suit No.50/2018 before the Trial Court for recovery of ₹21,90,125/- with interest against t...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Order 7 Rule 11(d) CPC Application in Suit for Specific Performance. Court Holds That Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

7 Sep 2023

The case involves a Civil Revision Application and a Writ Petition filed by M/s J.M. Baxi & Co. (the applicant/petitioner) challenging an order dated ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in GIDC Act Suit — Statutory Notice Under Section 52A Not Required for Suit Filed After Cause of Action. The court held that Section 52A of the Goa Industrial Development Act, 1965 does not bar the institution of a suit but only restricts interim relief, and since notice was already served, the plaint cannot be rejected.

7 Sep 2023

The Goa Industrial Development Corporation (GIDC) filed a Civil Revision Application under Section 115 CPC challenging the trial court's order dated 2...

High Court

Bombay High Court Dismisses Petition Challenging Rule 35 of Maharashtra Shops and Establishments Rules, 2018 for Lack of Cause of Action and Failure to Make Demand for Justice. Rule requiring display of name boards in Marathi is held to be intra vires the Constitution and not violative of fundamental rights.

23 Feb 2022

The petition was filed by the Federation of Retail Traders Welfare Association and an individual challenging Rule 35 of the Maharashtra Shops and Esta...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. Complaint Filed Beyond Territorial Limits of Magistrate's Court Under Section 138 of Negotiable Instruments Act, 1881.

11 Dec 2014

The petitioners, accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed a criminal petition under Section 482 of the ...

High Court

High Court of Karnataka Dismisses Petitioners' Challenge to Trial Court Orders in Suit for Possession. Court upholds refusal to reject plaint under Order VII Rule 11 CPC and appointment of commissioner under Order XXVI Rule 9 CPC to identify suit property.

26 Aug 2014

The petitioners, S. Ramaiah, S. Siddappa, and S. Nanjappa, claimed to be owners of agricultural lands measuring 7 acres and 10 guntas in Nagarbhavi vi...

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