Search Results for "avoid multiplicity"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "avoid multiplicity"

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High Court

Bombay High Court Allows Counter Claim in Suit for Perpetual Injunction — Order 8 Rule 6A CPC Permits Set-Off or Counter Claim Even in Injunction Suits. The court held that a counter claim arising from the same transaction cannot be excluded with liberty to file a fresh suit, as it would lead to multiplicity of proceedings.

19 Jan 2015

The petitioners, who were defendants in Regular Civil Suit No. 561 of 2014, challenged an order passed by the trial court under Order 8 Rule 6A and 6C...

High Court

Bombay High Court Grants Leave to Combine Causes of Action for Trademark Infringement and Passing Off Under Clause XIV of Letters Patent. Court Holds That Discovery at Preliminary Stage Is Limited to Documents Relevant to Preliminary Issues Under Section 9A CPC.

13 Feb 2014

The Petitioner, SabMiller India Ltd., filed a suit for perpetual injunction against M.P. Beer Products Pvt. Ltd. for infringement of its registered tr...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

High Court

Bombay High Court Allows Appointment of Arbitrator in Real Estate Dispute Under Section 11 of Arbitration Act — Escrow Agent's Failure to Appoint Arbitrator Justifies Court Intervention. Court Holds That Failure of One Party to Appoint Arbitrator in Multi-Party Arbitration Does Not Hinder Constitution of Tribunal, and Disputes Under Related Agreements Can Be Referred to a Single Arbitrator.

12 Jun 2014

The petitioner, M/s. Siddhi Real Estate Developers, owned land at Village Dhokali, Thane, and entered into a Memorandum of Understanding (MOU) dated 2...

Supreme Court

Supreme Court Allows Transfer of Writ Petitions Challenging ICAI Guidelines on Tax Audit Assignments to Avoid Multiplicity of Proceedings. The Court Held That the Issue Involves a Question of Law of General Public Importance Under Article 139-A(1) of the Constitution.

9 Dec 2020

The Institute of Chartered Accountants of India (ICAI) filed transfer petitions under Article 139-A(1) of the Constitution read with Order XL Rule 1 o...

High Court

Bombay High Court Allows Transfer of Domestic Violence Proceedings to Family Court for Joint Trial with Divorce Petition. The Court held that the Family Court has jurisdiction under Section 7 of the Family Courts Act and Section 26 of the Domestic Violence Act to try both matters together to avoid multiplicity of proceedings.

6 Sep 2018

The petitioner, Sandip Mrinmoy Chakraboarty, filed a Criminal Writ Petition before the Bombay High Court seeking transfer of proceedings under the Pro...

High Court

Bombay High Court Allows Amendment in Arbitration Application Under Section 9 of Arbitration Act — Petitioner Permitted to Amend Pleadings to Include Claim for Injunction Against Alienation of Partnership Property. Amendment under Order VI Rule 17 CPC allowed as it did not change nature of proceedings and was necessary to avoid multiplicity of litigation.

25 Nov 2014

The petitioner, Sanjay Suganchand Kasliwal, filed a writ petition challenging the rejection of his applications for amendment (Exh.35 and Exh.36) in a...

High Court

Bombay High Court Allows Amendment in Suit for Specific Performance and Injunction — Delay Condoned Due to Sufficient Cause. Amendment sought to incorporate subsequent events and additional reliefs held necessary for complete adjudication of dispute.

4 May 2026

The present application was filed by the applicants/plaintiffs, Meteor Estates Pvt. Ltd. and Romesh Satyanarayan Sharma, seeking amendment of the plai...

High Court

High Court of Karnataka Dismisses Appeal in Property Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession of Suit Schedule Properties Including Business Establishment. The Court held that the plaintiff proved the existence of joint family properties and the defendant failed to establish that the business was his separate property.

28 Apr 2026

The appellant, Vardhaman Lengade, was defendant No.2 in a partition suit filed by respondent No.1, Sital Lengade, and others. The suit sought partitio...

High Court

Bombay High Court Allows Stay of Maintenance to Major Unmarried Daughter Under Hindu Marriage Act — Section 26 Does Not Cover Major Children. Maintenance of Rs.10,000 per month to major daughter set aside as Section 26 of Hindu Marriage Act, 1955 only applies to minor children.

3 Apr 2018

The case involves a Civil Application filed by Rajendra Mahadeo Deokule (the applicant/original appellant) seeking stay of an order dated 16th July 20...

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