Search Results for "amendment relates back"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "amendment relates back"

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Supreme Court

Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

13 Dec 2024

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

Supreme Court

Supreme Court Allows Amendment of Plaint in Partition Suit — Upholds High Court Order Permitting Challenge to Will and Inclusion of Movable Properties. Amendment Sought Before Commencement of Cross-Examination Held Not Barred by Proviso to Order VI Rule 17 CPC.

20 Sep 2024

The dispute arises out of a partition suit filed by Suman Agarwal (Bindal) against her brothers Dinesh Goyal and others, claiming 1/5th share in a hou...

High Court

High Court of Karnataka Dismisses Revision Petition in Property Suit — Upholds Trial Court's Refusal to Reopen Evidence. Court holds that the trial court did not err in rejecting application under Order 18 Rule 17 CPC for recalling witnesses, as the petitioners failed to demonstrate that the evidence sought to be adduced was not within their knowledge earlier.

14 Sep 2020

The case arises from a civil revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) by the petitioners (defendants in th...

Supreme Court

Supreme Court Dismisses Oil Companies' Appeals for Purchase of Leasehold Land Under Madras City Tenants' Protection Act — Written Registered Leases with Building Stipulations Bar Section 9 Rights. The Court held that the proviso to Section 12 of the Act excludes tenants under written registered leases containing stipulations as to erection of buildings from seeking purchase of land under Section 9.

31 Jan 2020

The Supreme Court dismissed a batch of appeals filed by three oil companies—Bharat Petroleum Corporation Limited, Indian Oil Corporation Limited, an...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where parties have agreed on a procedure for appointment of arbitrator, the court must respect it unless bias or failure is shown.

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

High Court

Bombay High Court Allows Amendment in Debt Recovery Case: HDFC Bank Ltd. v. Ashapura Minechem Ltd. — Amendment Relates to Same Cause of Action, Not New Cause. The Court held that the proposed amendment to include additional amounts due under the same derivative transactions did not introduce a new cause of action and was necessary for determination of the real controversy.

18 Jan 2017

The petitioner, HDFC Bank Ltd., filed an original application No. 29 of 2011 before the Debt Recovery Tribunal, Mumbai, under Section 19 of the Recove...

High Court

Bombay High Court Holds Amendment to Section 17 of Indian Divorce Act, 1869 Ousting Confirmation Requirement is Retrospective — Reference for Confirmation of Dissolution Decree Renders Infructuous. The amendment deleting the requirement of High Court confirmation of dissolution decrees applies to pending matters, making the reference infructuous.

9 May 2014

The case involves a First Appeal and a Reference arising from a matrimonial dispute under the Indian Divorce Act, 1869. The appellant, Sou. Kamal w/o ...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Repurchase Not Enforceable. Receipt for Reconveyance Does Not Constitute a Valid Contract for Sale Under Section 54 of Transfer of Property Act, 1882, and Suit Barred by Limitation.

24 Sep 2013

The dispute pertains to a suit for specific performance of an alleged agreement to repurchase suit land. The plaintiff, Dattu Kadu Aher, originally mo...

High Court

Bombay High Court Allows Amendment in Specific Performance Suit to Add Alternative Claim for Damages and Refund. Amendment seeking alternative relief of damages and refund in lieu of specific performance does not introduce a new cause of action and is not barred by limitation under Article 137 of Limitation Act, 1963.

6 Feb 2013

The appeal arose from a decision of a Learned Single Judge of the Bombay High Court dated 6 March 2012, allowing an amendment to the plaint in a suit ...

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