Search Results for "Triable issues"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Triable issues"

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High Court

Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Price of Goods — Triable Issues Raised Regarding Authority to Sue, Limitation, and Replacement Goods. The court held that the defendant's defences raised triable issues under Order 37 of the Code of Civil Procedure, 1908, warranting unconditional leave to defend.

31 Aug 2012

The plaintiff, M/s. Bombay Trading Co., a partnership firm manufacturing Ayurvedic products, filed a summary suit against the defendant, M/s. Jai Sant...

High Court

Bombay High Court Dismisses Revision Against Rejection of Leave to Defend in Summary Suit. Defendant Failed to Disclose Triable Issue or Bona Fide Defence Under Order 37 CPC.

15 Apr 2010

This Civil Revision Application was filed by the original respondent (defendant) against an order dated 23rd July 2009 passed by the learned Judge of ...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Challenging Tenancy Proceedings, Remands for Trial on Limitation and Jurisdiction. Plaint Rejection Under Order VII Rule 11(d) CPC Set Aside as Limitation and Civil Court Bar Under Section 85 of Maharashtra Tenancy and Agricultural Lands Act, 1948 Are Triable Issues Requiring Evidence.

17 Sep 2021

The dispute originated from a civil suit filed in 1987 by 13 plaintiffs claiming to be legal representatives of Haji Ali Mohammed Hajee Kassam Agboatw...

High Court

Bombay High Court Allows Petition in Summary Suit for Recovery of Debt — Sets Aside Unconditional Leave to Defend. The court held that when a defendant admits liability except for a small disputed portion, conditional leave to defend must be granted with a direction to deposit the undisputed amount under Order 37 CPC.

11 Jun 2026

The petitioner, Shrihari Traders, filed a summary suit (Summary Suit No.11 of 2015) against the respondent, Choudhary & Choudhary (India) Ltd., for re...

High Court

High Court of Karnataka Allows Writ Petition Against Partial Decree on Admission in Rent Suit — Order 12 Rule 6 CPC Requires Unambiguous Admission. The court set aside the trial court's order allowing a decree on admission for arrears of rent because the defendants' admission was not unambiguous and they had raised triable issues regarding quantum and set-off.

21 Jul 2016

The petitioners, M/s. Caesars Restaurant and its proprietor S.M. Dayananda, were defendants in a suit for eviction and recovery of rent filed by the r...

High Court

Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

25 Sep 2013

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

High Court

Bombay High Court Allows Petition Challenging Conditional Leave to Defend in Summary Suit for Recovery of Loan Amount. Condition of depositing Rs. 2,50,000/- was set aside as onerous and not warranted where defendant had raised triable issues and admitted part of the claim.

9 Mar 2010

The petitioner, Smita Yashwant Lipte, filed a writ petition challenging an order passed by the learned Civil Judge, Senior Division, Chandrapur, in Su...

High Court

Bombay High Court Dismisses Summons for Judgment in Licence Fee Dispute Due to Triable Issues. Plaintiff's claim for balance licence fee after premature termination of agreement due to demolition by Municipal Corporation raises triable issues regarding breach and entitlement.

22 Jul 2011

The Plaintiff, Nemichand Jain, filed a Summary Suit against M/s. Vodafone Essar Limited and Sandeep Thakur based on a licence agreement dated 16 April...

High Court

Karnataka High Court Considers Maintainability of Regular First Appeal Under Section 96 CPC and Examines Plaintiff’s Readiness and Willingness in Suit for Specific Performance of Agricultural Land Sale Agreement; Trial Court Had Dismissed Specific Performance but Directed Refund of Advance with Interest

3 Mar 2015

The appeal arose from the judgment and decree dated 27.09.2014 in O.S. No.1/2011 passed by the Senior Civil Judge and JMFC, Tiptur, partly decreeing t...

Supreme Court

Supreme Court Reinstates Criminal Proceedings Quashed by High Court Under Section 482 CrPC Due to Erroneous Exercise of Inherent Powers. High Court's Quashing Order Set Aside as It Entered into Merits and Stifled Legitimate Prosecution Despite Prima Facie Case and Chargesheet in Offences Under Sections 147, 148, 149, 406, 329, 386 IPC.

13 Aug 2021

The appeal arose from the High Court's order quashing criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973. The appellant, t...

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