Search Results for "amended plaint"

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Search Results for "amended plaint"

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Supreme Court

Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

19 Nov 2019

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

High Court

Bombay High Court Dismisses Appeal Against BMC Demolition of Unauthorized Structure in Jira Galli. Notice Under Section 314 of Mumbai Municipal Corporation Act, 1988 Held Valid as Structure Was on Street and Not on Private Land.

13 Jan 2005

The appellant, Bashir Nazir Sayyed, was the original plaintiff in a suit against the Brihan Mumbai Municipal Corporation (BMC). He resided and ran a b...

High Court

Karnataka High Court Examines Amendment of Plaint Under Order VI Rule 17 CPC in Trademark Passing Off Suit. The Petitioner Challenges Order Allowing Change of Prior Use Date from 2022 to 2016 as Fundamentally Altering the Suit.

21 Jul 2026

The writ petition was filed under Articles 226 and 227 of the Constitution of India challenging the order dated 08.06.2026 passed by the Commercial Co...

High Court

Bombay High Court Adjudicates Dual Proceedings on Cooperative Housing Society Dispute Over Change of User and Structural Alterations. The Court Examines Legality of Converting Residential Flats to Nursing Home and Making Additions Without Consent Under Maharashtra Ownership Flats Act, 1963.

5 May 2006

The matter involved two consolidated proceedings: a writ petition under Article 227 of the Constitution of India challenging an order of the Maharasht...

High Court

Bombay High Court Adjudicates Application by Merchant Vessel Owner to Limit Liability Under Part XA of Merchant Shipping Act Following Collision with Indian Navy Vessel. The Court Examined Whether the Right to Limit Liability is Absolute and Whether the Owner’s Alleged Negligence or Recklessness Could Defeat the Limitation.

17 Feb 2023

The present proceedings arose out of a collision on 30 January 2011 between the merchant vessel M.V.Nordlake, owned by the German-incorporated Plainti...

High Court

Bombay High Court Restrains Developers from Constructing Additional Buildings in Multi-Building Scheme Without Flat Owners' Consent Under MOFA. Disclosure of Potential Additional Construction Held Insufficient Where Specific Representations Were Made About FSI Utilisation and Layout.

22 Jan 2015

The dispute centered on a 230-acre development known as the Powai Area Development Scheme (PADS), in which several cooperative housing societies of co...

Supreme Court

Supreme Court Dismisses Appeal in Marumakkathayam Partition Suit — Thavazhi Property Cannot Be Alienated Without Consent. The Court affirmed that properties acquired by female descendants under Marumakkathayam law constitute thavazhi property, and any partition or alienation by some members without the consent of all is void.

22 Nov 2024

The present appeal arises from a suit for partition filed by the plaintiffs (respondents herein) against the defendants (appellants) before the Addl. ...

Supreme Court

Supreme Court Reverses Appellate Decisions and Upholds Trial Court Decree in Property Dispute Involving Registered Sale Deed. The Court held that the registered sale deed is valid as fraud was not proven, oral evidence cannot contradict its terms under Section 91 of the Evidence Act, 1872, and amendments to pleadings after long delay were improper, with the second suit barred by res judicata under Section 11 of the Code of Civil Procedure, 1908.

30 Sep 2021

The dispute arose between brothers over property ownership following a registered sale deed dated 14.9.1970. The plaintiff (elder brother) filed a sui...

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

Bombay High Court Grants Interim Injunction in Trademark and Copyright Infringement Suit Over Soybean Oil Labels — Deceptive Similarity Established Despite Minor Variations. The court held that the defendant's label for soybean oil was deceptively similar to the plaintiff's registered label mark and artistic work, and granted an interim injunction under the Trade Marks Act, 1999 and the Copyright Act, 1957.

9 Mar 2021

The plaintiff, Sanjay Soya Private Limited, filed a suit for trademark and copyright infringement against the defendant, Narayani Trading Company, all...

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