Search Results for "previously instituted suit"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "previously instituted suit"

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High Court

Bombay High Court Dismisses Tenant's Petition in Rent Arrears Case — Service of Notice and Default in Payment of Rent Upheld. Concurrent findings of trial and appellate courts on tenant's failure to pay rent and valid service of demand notice under Section 12 of Bombay Rent Act, 1947 affirmed.

15 Jul 2024

The case involves a dispute between the legal heirs of the original plaintiff-landlord (Mohamudkhan Kadar Khan Pathan) and the defendant-tenant (origi...

Supreme Court

Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

13 Jan 2023

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...

High Court

High Court of Karnataka Allows Revision Petition in Permanent Injunction Suit — Plaint Rejected as Barred by Law Under Order VII Rule 11(d) CPC. Non-Disclosure of Cause of Action and Prior Litigation Between Parties Led to Rejection of Plaint as Abuse of Process.

10 Aug 2021

The present case arises from a civil revision petition filed by the defendants (petitioners) against an order of the III Additional Civil Judge, Vijay...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Immovable Property — Purchaser Failed to Demonstrate Willingness to Complete Transaction. Readiness without willingness is insufficient for specific performance under Section 16(c) of the Specific Relief Act, 1963, as the plaintiff insisted on adjustment of loans without calling upon defendant to pay its share.

8 Apr 2019

The suit was filed by G Ram Construction Company (plaintiff) against Chowgule & Company (Hind) Pvt Ltd (defendant) for specific performance of an agre...

Supreme Court

Supreme Court Allows Appeal in Land Improvement Compensation Case — Constructive Res Judicata Not Applicable Due to Liberty Reserved by Earlier Order. The Court held that the claim for compensation under the Kerala Compensation for Tenants Improvements Act, 1958 is not barred by constructive res judicata because the Supreme Court had expressly kept open the remedy in the earlier proceedings.

5 Feb 2019

The dispute concerns a large tract of land originally belonging to Vengunadu Kovilakam, leased out in 1897 for 75 years. After the lease expired in 19...

High Court

Bombay High Court Dismisses Second Appeal in Partnership Dispute, Upholds Small Causes Court Jurisdiction. Fixed monthly payment of Rs.1,500/- to one partner held permissible under partnership deed, and oral evidence inconsistent with written terms cannot be considered.

4 Apr 2014

The case involves a second appeal filed by the original defendants (appellants) against the judgment of the Ad-hoc District Judge-2, Nagpur, dismissin...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

28 Jan 2014

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance and Appointment of Court Receiver in Redevelopment Dispute — Development Agreement Not Binding on Society as It Was Not Duly Executed by Authorised Office Bearers. The court held that a development agreement executed without proper authorisation by the society's managing committee is void and not binding on the society or its members.

26 Aug 2013

The plaintiffs, M/s. Akash Pruthvi Lifestyle, a registered partnership firm engaged in development and redevelopment projects, filed a suit seeking a ...

High Court

Bombay High Court Dismisses Petition Seeking Stay of Suit Pending Probate Proceeding — No Automatic Stay of Civil Suit Under Section 10 CPC When Probate Proceeding Is Not a Previously Instituted Suit

19 Mar 2013

The petitioner, Chandrashekhar Kashinath Patange, filed a writ petition challenging the order dated 6/7/2012 passed by the City Civil Court, Greater B...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

17 Sep 2010

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

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