Search Results for "Multiplicity of Proceedings"

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Gujarat High Court Allows Impleadment and Amendment in Specific Performance Suit — Trial Court Order Rejected. Proposed Parties in Possession Are Proper Parties Under Order 1 Rule 10 CPC, Their Impleadment Necessary to Avoid Multiplicity of Proceedings.

The petitioners, original plaintiffs in Special Civil Suit No. 48 of 2010 pending before the 4th Senior Civil Court, Porbandar, filed a writ petition ...

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Bombay High Court Allows Transfer of Criminal Case from Beed to Thane on Grounds of Convenience and Hardship of Wife. Court also exercises inherent power to restore dismissed DV application to avoid multiplicity of proceedings.

The applicant, Pooja Sanjay Gondage, filed a criminal application under Section 407 of the Code of Criminal Procedure, 1973 seeking transfer of RCC No...

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Bombay High Court Grants Leave to Combine Passing Off with Trademark Infringement Under Clause XIV of Letters Patent. The Court held that the object of Clause XIV is to avoid multiplicity of proceedings, and the defendants' hardship plea was irrelevant to the passing off claim.

The petitioner, Bajaj Electricals Limited, filed a Leave Petition under Clause XIV of the Letters Patent seeking leave to combine a cause of action fo...

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Bombay High Court Allows Wife's Amendment in Divorce Petition to Claim Maintenance and Alimony Despite Trial Commencement. Court holds that due diligence requirement under Order 6 Rule 17 CPC is satisfied when party was not advised by previous counsel about available reliefs.

The petitioner-wife filed a divorce petition (P.A. No.746 of 2011) seeking dissolution of marriage. She later realized that she had not claimed mainte...

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Bombay High Court Allows Impleadment of Third Parties in Specific Performance Suit Under Order 1 Rule 10(2) CPC — Co-owners and Signatories to Development Agreement and Partition Deed Held Necessary for Effectual Adjudication.

The petitioner, M/s. Divya Builders, a registered partnership firm, filed a suit for specific performance of contract and permanent injunction against...

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High Court of Karnataka Allows Amendment of Written Statement in Property Suit — Rejection of Amendment Set Aside. Order 6 Rule 17 CPC Amendment Allowed as Necessary to Avoid Multiplicity of Proceedings and No Prejudice Caused to Plaintiff.

The petitioner, Smt. Kasturibai @ Lakkavva, was the first defendant in O.S. No. 45/2011 pending before the Senior Civil Judge & JMFC, Mudhol. The suit...

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Bombay High Court Allows Clubbing of Three Cheque Dishonour Complaints Under Section 138 NI Act for Joint Trial. Common Transaction and Same Parties Justify Consolidation to Avoid Multiplicity of Proceedings.

The petitioner, Smt. Sumedha Chitpur, an advocate practicing at District and Sessions Court, Latur, filed a criminal writ petition under Articles 226 ...