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

Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

14 Mar 2017

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

High Court

Bombay High Court Dismisses Appeal by Bank of India Against Rejection of Plaint Rejection Application in Commercial Suit. Court holds that jurisdiction of civil court is not barred under Section 19(6) to (10) of Recovery of Debts and Bankruptcy Act, 1993 when suit is for recovery of money by a non-banking entity against a bank.

15 Dec 2023

The appeal was filed by the Bank of India and its Authorized Officer (Defendants) under Section 13(1A) of the Commercial Courts Act, 2015, challenging...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Partition Suit — Deletion of Possession Averments Before Trial Does Not Alter Nature of Suit or Cause Prejudice. Amendment Allowed Under Order VI Rule 17 CPC as Plaintiff Sought to Remove Inconsistent Claim Regarding Possession While Still Seeking Partition and Possession.

12 Dec 2022

The petitioner, Shashikant Dhondiram Kalaskar, who is defendant no.2 in Regular Civil Suit No.969 of 2017 pending before the Jt. Civil Judge Junior Di...

High Court

Bombay High Court Upholds Eviction Decree Against Tenant for Change of User and Sub-letting Under Bombay Rents Act. Tenant's Use of Premises for Business of Co-owner and Sub-letting to Third Parties Constitutes Grounds for Eviction Under Sections 13(1)(a), 13(1)(e), 13(1)(c), 13(1)(k) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

23 Aug 2005

The petitioner, original defendant 1, was a tenant of a shop premises owned by the plaintiff landlady. The plaintiff filed a suit for eviction on grou...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Property Dispute. Court holds that Order 7 Rule 11(d) CPC requires the plaint to be read as a whole and the defence cannot be considered for deciding whether the suit is barred by law.

26 Feb 2013

The petitioners, original defendants, filed a Civil Revision Application under Section 115 CPC challenging the order dated 26.04.2011 passed by the Ci...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction in Trademark and Copyright Infringement Suit Due to Suppression of Material Facts. Plaintiff's Conduct of Suppressing Prior User and Earlier Litigation Disentitles It to Equitable Relief Under Trade Marks Act, 1999 and Copyright Act, 1957.

29 Sep 2015

The suit was filed by ITC Limited against NTC Industries Ltd. for trademark and copyright infringement and passing off in relation to cigarettes and t...

Supreme Court

Supreme Court Reverses High Court Decision and Upholds Dismissal of Second Suit on Grounds of Res Judicata and Order II Rule 2 CPC. The Court held that the second suit was barred as it involved the same parties, subject matter, and cause of action as the first suit, and the High Court erred in interfering with concurrent findings under Section 100 CPC.

9 Apr 2026

The dispute originated from an adoption deed dated March 23, 1961, where Respondent allegedly adopted Channappa. In 2002, Respondent filed Suit-I (O.S...

High Court

Bombay High Court Allows Appeal in Property Dispute — Sets Aside Decree for Specific Performance. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

1 Jul 2014

The appellant, Mrs. Kiran Nashine, filed two appeals against the judgment and decree dated 30.09.2009 passed by the Joint Civil Judge, Senior Division...

High Court

Bombay High Court Addresses Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Scope of Order XLI Rule 22 CPC in Second Appeal. Conditional Readiness to Perform Contract Held Not Sufficient; Respondent Cannot Challenge Adverse Finding Without Cross-Objection.

23 Feb 2005

The case originated from a suit for specific performance of an agreement for sale dated 17 August 1973 concerning immovable property. The plaintiff, V...

High Court

Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title Over Suit Property.

9 Nov 2017

The case involves a property dispute between two branches of the same family. The appellants (original plaintiffs) filed a suit for declaration of own...

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