Search Results for "trial not barred"

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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 "trial not barred"

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High Court

High Court of Judicature at Bombay Dismisses Revision Applications by Original Defendants Seeking Rejection of Plaint Under Order VII Rule 11 of Code of Civil Procedure, 1908. Limitation Held a Mixed Question of Law and Fact Requiring Trial; Plaint Disclosed Cause of Action Based on Discovery of Will in 2013, Suit Not Barred at Threshold.

8 Dec 2025

The dispute arose from a suit for specific performance and cancellation of documents concerning a large tract of land in Kothrud, Pune. The plaintiff,...

High Court

Bombay High Court Quashes Revenue Tribunal's Order Automatically Vacating Stay in Land Dispute — Asian Resurfacing Principle Not Applicable to Revenue Tribunals Under Maharashtra Tenancy Act. The court held that the automatic vacation of interim stay after six months under Asian Resurfacing applies only to CPC and criminal proceedings, not to revenue tribunals under the Maharashtra Tenancy and Agricultural Lands Act, 1948.

18 Apr 2022

The petitioner, Devsing Ramchandra Chavan, filed a writ petition before the Bombay High Court challenging an order dated 23 June 2021 passed by the Ma...

High Court

Madras High Court Dismisses Appellants' Second Appeal in Specific Performance Suit — Concurrent Findings Upheld Despite Suit Filed on Last Day of Limitation. The court held that delay in filing suit does not bar specific performance if plaintiff is ready and willing, and oral evidence to contradict written agreement is inadmissible under Section 92 of Evidence Act without pleading fraud or mistake.

17 Jul 2026

The appellants, defendants in a suit for specific performance, challenged the concurrent findings of the Trial Court and First Appellate Court which d...

High Court

High Court of Karnataka Allows Appeal in Recovery Suit, Sets Aside Decree Due to Non-Production of Best Evidence. Adverse Inference Drawn Under Section 114(g) of Indian Evidence Act, 1872 Against Plaintiff Who Failed to Produce Written Agreement and Delivery Challans.

2 Dec 2019

The appellant, Karnataka State Agro Corn Products Ltd., a Government of Karnataka undertaking, was the defendant in a suit for recovery of money filed...

High Court

Bombay High Court Dismisses Trust's Petition Challenging Tenant's Purchase Right Under Bombay Tenancy Act — Mutation Entry Not Sufficient to Establish Res Judicata. The court held that a mutation entry recording rejection of an earlier application under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948, without the underlying order, does not bar a subsequent application on principles of res judicata.

2 Aug 2024

The Bombay High Court dismissed a writ petition filed by a trust challenging the orders of the Maharashtra Revenue Tribunal (MRT) and the Agricultural...

High Court

Bombay High Court Allows Rejection of Plaint Against Defendant Directors in NSEL Suit for Lack of Averments and Immunity Under IFC Act. The court held that vague allegations without specific averments do not constitute a cause of action, and an IFC employee is immune from suit for official acts under the International Finance Corporation (Status, Immunities and Privileges) Act, 1958.

23 Sep 2015

The Bombay High Court disposed of two notices of motion filed by Defendant Nos. 14 and 15 in a suit by National Spot Exchange Limited (NSEL) against v...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court's refusal to decree specific performance of agreement to sell, finding plaintiff failed to prove readiness and willingness to perform contract under Section 16(c) of Specific Relief Act, 1963.

12 Mar 2015

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...

Supreme Court

Supreme Court Dismisses Appeals in Specific Performance Case — Buyer's Readiness and Williness Established. Time Held Not of Essence Due to Seller's Conduct in Accepting Delayed Payments and Continuing Negotiations.

21 Nov 2024

The dispute arose from an agreement for sale of immovable property dated 20th January 2005 between the sellers (appellants in CA 3015/2013) and the bu...

High Court

Bombay High Court Allows Appeal by MIDC in Contract Breach Case — No Binding Contract Without Work Order. Mere acceptance of tender does not create contractual obligations; formal work order essential under tender conditions.

11 Feb 2021

The case involves an appeal by the Maharashtra Industrial Development Corporation (MIDC) against a decree passed in Special Civil Suit No.99/2009, whe...

High Court

Karnataka High Court Upholds Trial Court's Order Allowing Plaintiff to Adduce Evidence in Commercial Suit, Finding No Perversity or Jurisdictional Error. Order Passed Under Order 18 Rule 4(1B) CPC Not Violative of Embargo When Sufficient Cause Shown.

11 Sep 2023

The dispute arose from a commercial summary suit (Commercial O.S. No. 1/2018) filed by a Class-I contractor before the Commercial Court at Raichur aga...

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