Search Results for "separate suit maintainability"

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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 "separate suit maintainability"

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High Court

Bombay High Court Dismisses Appeal in Family Property Dispute — Upholds Injunction Against Father from Alienating Joint Family Property. Minor Children's Suit for Partition Through Next Friend Held Maintainable Under Order 32 Rule 1 CPC.

15 Jun 2022

The case involves a family dispute over property. The appellant, Ajay Kumar Garg, is the father and the respondents are his minor children (Avyaay Ani...

High Court

High Court of Karnataka Quashes Ex Parte Injunction Order for Non-Compliance with Order 39 Rule 3 CPC — Trial Court Failed to Record Reasons or Issue Notice to Defendants Before Granting Temporary Injunction.

26 Mar 2014

The petitioners, who were defendants in a civil suit (O.S. No. 115/2011) pending before the Civil Judge (Jr. Dn.) and JMFC, Nagamangala, challenged an...

High Court

Bombay High Court Full Bench Upholds Appellant Bank in Debenture Trustee Suit, Holding Civil Court Jurisdiction Not Barred by RDB Act. Bank Acting as Debenture Trustee for Recovery of Debentureholders' Dues Is Not a 'Debt Due to Bank' Under Section 2(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Suit Maintainable on Original Side.

7 Mar 2016

The litigation arose from a suit filed in February 2002 by a banking company acting as a debenture trustee for recovery of Rs. 997 lacs together with ...

High Court

Bombay High Court Dismisses PIL Seeking Compensation for COVID-19 Death at Jalgaon Civil Hospital, Finds No Negligence. Death due to COVID-19 does not automatically imply medical negligence; hospital followed standard protocols.

27 Jan 2021

The judgment arises from a Public Interest Litigation filed by Pratibha Shinde, President of Lok Sangharsh Morcha, along with two other petitioners, s...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Arbitrator's Order on Stamp Duty Deficiency — Maintainability of Writ Under Article 227 Against Interlocutory Orders of Arbitral Tribunal. The court held that a writ petition under Article 227 is not maintainable against an interlocutory order of an Arbitral Tribunal under the Arbitration and Conciliation Act, 1996, as the Act provides a complete mechanism including challenge to the final award under Section 34.

19 Jun 2020

The petitioner, Smt. Tejavathamma, filed a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka at Bengalur...

High Court

Full Bench of Bombay High Court Considers Whether Election Dispute Remedy Under Section 16 of Maharashtra Municipal Corporations Act, 1949 and Section 21 of Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act, 1965 Applies to Challenge Nomination of Nominated Councillors. The Court Examines Conflict Between Two Division Bench Decisions on the Maintainability of Such Petitions.

11 Mar 2016

The matter arose from two writ petitions. Writ Petition No. 11278 of 2012 was filed by Shri Anil (Vidyarthi) Chanderlal Ailani, a former elected counc...

High Court

Bombay High Court Rejects Jurisdictional Challenge in Admiralty Suit Filed Without Vessel in Territorial Waters. Suit Held Maintainable When Arrest Warrant Executed upon Vessel's Subsequent Arrival, Following Geetanjali Woolen Precedent.

12 Jul 2011

The case involves an admiralty suit in rem filed by Great Pacific Navigation (Holdings) Corporation Limited, a Hong Kong company, against the vessel M...

High Court

Bombay High Court Allows Appeal Against Substitution of Beneficiary in Probate Suit — Purposive Interpretation of Indian Succession Act, 1925 Prevents Multiplicity of Proceedings. The Court held that a sole beneficiary can be substituted in place of a deceased executor and the proceeding converted into one for Letters of Administration with the will annexed.

19 Jan 2011

The case involves an appeal against an order of a learned Single Judge allowing a Chamber Summons for substitution of the sole beneficiary in place of...

High Court

High Court of Karnataka Allows Appeal in CPC Case — Sets Aside Ex Parte Interim Injunction for Non-Compliance with Order VI Rule 17 CPC. Appellant-Defendant's Application for Rejection of Plaint Under Order VII Rule 11 CPC Dismissed as Not Maintainable at Interim Stage.

6 Sep 2022

The appellant, Hinduja Renewables Two Private Limited, was the defendant No.6 in OS No.225/2021 pending before the Senior Civil Judge and JMFC, Sindha...

High Court

High Court of Karnataka Allows Partition Appeal, Remands Suit for Fresh Consideration on Issue of Joint Family Property. The trial court's decree was set aside due to improper appreciation of evidence and failure to frame proper issues regarding the nature of the suit properties.

4 Apr 2017

The appeal arises from a judgment and decree dated 30.11.2006 passed by the Principal Civil Judge (Sr.Dn.), Dharwad, in O.S.No.242/2003, decreeing the...

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