Search Results for "appeal under Letters Patent"

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Bombay High Court Allows Appeal Against Return of Plaint in Suit for Specific Performance of Land in Delhi. Leave under Clause XII of Letters Patent Granted by High Court Survives Transfer to City Civil Court Under Section 16(d) CPC.

The appellant, Nouveau Exports Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 20th October 2000 in respect of propert...

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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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Bombay High Court Dismisses Chamber Summons Seeking to Set Aside Consent Terms in Arbitration Petition — Consent Terms Recorded by Court Cannot Be Challenged Under Section 34 of Arbitration and Conciliation Act, 1996.

The applicants, original respondent nos.1 to 5, filed Chamber Summons No.905 of 2013 in Letters Patent Petition No.226 of 2013 and Arbitration Petitio...

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Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Arbitration Dispute. Court holds that no part of cause of action arose within its jurisdiction as contract was executed and performed in Chennai, and arbitration venue was Chennai.

The petitioner, M/s. Roman Tarmat Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injunction restrain...

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Bombay High Court Dismisses Patent Infringement Appeal — Refuses Temporary Injunction Due to Lack of Prima Facie Case. Mere Registration of Patent Does Not Establish Validity; Plaintiff Must Show Strong Prima Facie Case for Interim Injunction.

The case involves a Letters Patent Appeal and a cross-appeal arising from a suit for patent infringement. The appellant/plaintiff, a patent holder, fi...

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Bombay High Court Dismisses Appeals Challenging Election of Directors to Cooperative Bank Board. Minister's Order Under Section 154 of Maharashtra Cooperative Societies Act, 1960 Upheld as Valid and Election Process Not Vitiated by Irregularities.

The case involves a batch of Letters Patent Appeals filed by individuals challenging the election of directors to the Yavatmal District Central Cooper...