Search Results for "misconceived suit"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "misconceived suit"

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High Court

High Court of Karnataka Allows Appeal in Partition Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Separate Possession of Joint Family Property Not Barred by Limitation as Perpetual Right to Seek Partition Recognized Under Hindu Law.

22 Apr 2026

The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 24.02...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Lower Appellate Court Failed to Re-appreciate Evidence. The Court held that the first appellate court's non-application of mind to evidence constituted a substantial question of law under Section 100 of the Code of Civil Procedure, 1908, warranting remand for fresh consideration.

12 Nov 2025

The case involves a second appeal filed by the original defendant, Krishnabai Babya Navale, challenging the judgment dated 21.01.2017 passed by the le...

High Court

Bombay High Court Quashes Condonation of 9-Year Delay in Recall Application in Suit Withdrawal Case — Unconditional Withdrawal Under Order XXIII Rule 1(1) CPC is Plaintiff's Absolute Right. The court held that the plaintiff's right to unconditionally withdraw a suit is absolute and cannot be fettered by the court, and a delay of over 9 years in seeking recall of such an order cannot be condoned without sufficient cause.

21 Feb 2025

The petitioner, M/s. Vaishnavi Engineers and Developers Private Limited, had filed a suit (RCS No. 782 of 2012) against the respondents seeking declar...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Bonafide Requirement of Landlord Upheld. Tenant's Claim of Availability of Alternate Premises Rejected as Landlord Cannot Be Compelled to Use Residential Premises for Commercial Purpose Under Maharashtra Rent Control Act.

4 Oct 2024

The case involves a Civil Revision Application filed by the defendant-tenant (Parshuram Chunilal Kanojiya) challenging the eviction decree passed by t...

Supreme Court

Supreme Court Allows Appeal in Res Judicata Case — High Court Erred in Dismissing Second Appeal Without Considering Substantial Question of Law. The suit for declaration of title and possession was not barred by res judicata as the earlier suit did not adjudicate the rights of co-defendants.

8 Jul 2024

The plaintiff-appellant, Har Narayan Tewari, filed Title Suit No.9/89 for declaration of title and possession over 0.30 acres of land (0.12 acres of P...

Supreme Court

Supreme Court Partially Allows Appeal in Recovery Suit Against Sick Industrial Company — Suspension of Proceedings Under Section 22(1) of SICA Does Not Bar Suit for Unadmitted Debt. High Court's Grant of 24% Compound Interest Reduced to 12% Simple Interest.

29 Apr 2024

The case involves a dispute between Fertilizer Corporation of India Ltd. (FCIL), a public sector undertaking, and M/s Coromandal Sacks Private Limited...

High Court

Bombay High Court Grants Interim Injunction Enforcing Negative Covenants in E-Sports Collaboration Agreement. Court restrains Defendants from associating with competing platforms and disclosing confidential information pending trial.

6 Dec 2022

The Plaintiff, Stoughton Street Tech Labs Pvt. Ltd., operates LOCO, an online live streaming and e-sports gaming platform. It entered into a Collabora...

High Court

High Court of Bombay Dismisses Developer's Suit to Restrain Invocation of Bank Guarantee — No Prima Facie Case of Fraud or Irreparable Injury Established. The court held that an unconditional bank guarantee cannot be restrained except in cases of established fraud or irretrievable injustice, which the plaintiff failed to prove.

22 May 2020

The plaintiff, Kryshnajay Developers Private Limited, filed a suit seeking a declaration that the invocation of a bank guarantee by the defendants (Ka...

High Court

Bombay High Court Dismisses Tenant's Revision Against Eviction Decree in Rent Control Case — Non-User and Bonafide Requirement Established. Tenant failed to occupy suit premises for over six months and landlord proved reasonable bonafide requirement for residence of his son under Sections 16(1)(n) and 16(1)(g) of the Maharashtra Rent Control Act, 1999.

15 Jun 2017

The present Civil Revision Application was filed by the tenant (applicant) under Section 115 of the Code of Civil Procedure, 1908, challenging the con...

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