Search Results for "Ouster clause"

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Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
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Search Results for "Ouster clause"

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High Court

Bombay High Court Dismisses Chamber Summons to Recall Leave Granted Under Clause XII of Letters Patent in Arbitration Matter. Court holds that leave granted ex parte cannot be recalled under inherent powers as it is not a decree or final order, and the proper remedy is to challenge the leave in appeal against the final award.

8 Jan 2013

The petitioners, four individuals, entered into a development agreement on 6 August 2003 with respondent no. 5 as vendors and respondent nos. 1 to 4 a...

High Court

Bombay High Court Dismisses Section 9 Petition for Interim Relief in Arbitration Dispute Over Roaming Agreement — No Prima Facie Case for Security or Attachment Established. Court held that mere breach of contract does not entitle a party to interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, unless there is a serious dispute and balance of convenience in favor of the applicant.

28 Mar 2012

The petitioner, Vodafone Spacetel Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures again...

High Court

Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

11 Feb 2011

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

High Court

Bombay High Court Allows Appeal in Lease Dispute Over Temporary Injunction — Prima Facie Case and Irreparable Injury Established. Lease Deed from 1974 Not Terminated, Appellant's Possession and Business Operations Protected.

23 Jul 2018

The appellant, Shri Rajaram M. Caisukar, filed an appeal against an order dated 24/11/2015 passed by the learned Adhoc District Judge, Panaji, dismiss...

High Court

Bombay High Court Refuses Leave Under Clause 12 of Letters Patent in Summary Suit for Recovery of Price of Goods — No Part of Cause of Action Arises Within Court's Jurisdiction. The court held that the making of contract and payment of advance in Bombay did not constitute part of cause of action where goods were to be delivered in Pune, applying A.B.C. Laminart v. A.P. Agencies.

19 Nov 2014

The petitioner, M/s. Polycab Wires Pvt. Ltd., filed a summary suit in the Bombay High Court against the respondent, M/s. Eta Engineering Pvt. Ltd., fo...

High Court

Bombay High Court Dismisses Suit by Condominium Against Developer for Declaration of Rights Over Adjoining Plots as Barred by Limitation. Claims for Easement and Right of Way Held Time-Barred Under Articles 25, 65, and 113 of Limitation Act, 1963.

6 Mar 2017

The Plaintiffs, Beach Towers Condominium and its President, filed a suit in 2012 seeking declarations that they have a right of way and easement over ...

High Court

High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Rejects Adverse Possession Claim by Co-owner. Court holds that a co-owner in possession cannot claim adverse possession against another co-owner unless there is ouster or denial of title, and that a preliminary decree for partition can be passed even if some properties are not available for division.

12 Nov 2021

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30.11.2015...

High Court

Karnataka High Court Allows Landlord's Revision in Ejectment Suit, Dismisses Tenant's Revision — Landlord Establishes Title and Tenant Fails to Prove Ownership. Landlord Proves Title Through Registered Sale Deed and Tax Receipts; Tenant's Adverse Possession Claim Fails for Lack of Evidence of Ouster Under Section 18 of Karnataka Small Causes Court Act, 1964.

28 Jun 2023

The case involves two revision petitions arising from a suit for ejectment filed by Sri Ramula Sannidhi (plaintiff/landlord) against Sri Jabarchand (d...

High Court

Bombay High Court Allows Execution of Foreign Decrees by Mauritius-Based Companies Against Indian Debtors Under Section 44A CPC. The court held that decrees from reciprocating territories are directly executable in India without a fresh suit, and the Commercial Division has jurisdiction over such applications.

26 Apr 2018

The judgment involves three execution applications filed by foreign decree holders (Global Asia Venture Company, Matrix Partners India Investment Hold...

High Court

Bombay High Court Allows Writ Petition Challenging Electricity Tower Construction on Agricultural Land Without Consent. Landowners' Rights Under Article 300A of the Constitution Upheld Against State's Unilateral Action.

4 Sep 2012

The petitioners, Kishor s/o Ravindra Zope, Pradip s/o Ravindra Zope, and Pushpabai (Punyabai) w/o Ravindra Zope, are agriculturists residing in Warang...

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