Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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Supreme Court

Supreme Court Dismisses Partition Suit for HUF Properties — Burden of Proof Not Discharged. Plaintiff Failed to Establish Existence of Hindu Undivided Family Between Two Brothers Despite Alleged Joint Business and Property Acquisitions.

3 Apr 2020

The case involves a dispute over properties claimed to be part of a Hindu Undivided Family (HUF). The plaintiff, Bhagwat Sharan, filed a suit for part...

High Court

Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

27 Sep 2013

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Slum Rehabilitation Dispute — Plaint Returned for Lack of Jurisdiction. Court holds that disputes concerning eligibility of slum dwellers under SRA scheme fall within exclusive jurisdiction of Slum Rehabilitation Authority under Section 13 of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

4 Jan 2017

The appellants, who were plaintiffs in the original suit, filed an appeal against the order of the City Civil Court at Bombay dated 7 March 2012, whic...

High Court

Bombay High Court Allows Appeal Against Order Returning Plaint in Slum Rehabilitation Dispute, Finding Trial Court Erred in Not Deciding Jurisdiction Preliminary Issue. Full Bench Decision in Tulsiwadi Navnirman Held Not to Bar Civil Suit; Allegations of Fraud Required Adjudication, and Vague Issue Framing Was Insufficient.

4 Jan 2017

The appeal arose from an order of the City Civil Court at Bombay in a suit filed by the appellants (plaintiffs) seeking declaratory and injunctionary ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Order IX Rule 9 CPC Bar Not Applicable When Earlier Suit Dismissed for Default Without Adjudication on Merits.

17 Nov 2022

The case involves a Civil Revision Application filed by the original defendant, Chandrakant Bhaurao Waghmare, challenging an order dated 29.04.2019 pa...

High Court

Bombay High Court Grants Interim Injunction in Franchise Dispute Over Confidentiality and Copyright Infringement. The court restrained the defendant from breaching confidentiality, making false statements, and infringing copyright under the Franchisee Agreement.

3 Feb 2005

The plaintiffs, Villa Moda General Trading Co. W.L.L. and another, filed a suit against Chordia Fashions Pvt. Ltd. seeking various injunctions arising...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession of Joint Family Property. The court held that the plaintiff failed to prove that the suit property was joint family property and that the defendant had established her claim of exclusive ownership through prior partition and settlement.

11 Nov 2019

The case involves a partition suit filed by Smt. Phulavati against her husband's relatives, claiming that the suit property was joint family property ...

High Court

Bombay High Court Dismisses Appeals in Property Dispute Between Education Society and Nagpur Improvement Trust — Declaration of Ownership Denied Due to Lack of Proof and Limitation. The court upheld the trial court's refusal to grant declaration but maintained the injunction against demolition.

7 Jul 2014

The case involves two second appeals arising from a suit filed by The Shriram Education Society and others (appellants in SA 19/2013) against the Nagp...

High Court

Bombay High Court Allows Reference to Arbitration in Derivative Action Under Arbitration and Conciliation Act. Section 45 Does Not Require Reciprocity of Territory; Disputes Under Buyback Agreement Without Arbitration Clause Covered by Related Agreements' Arbitration Clauses.

8 Nov 2006

The case pertained to a Notice of Motion under Section 45 of the Arbitration and Conciliation Act, 1996 filed by Defendant Nos. 1 and 2 in a suit brou...

High Court

Bombay High Court Dismisses Application for Recalling Witness in Election Petition — No Power to Recall Witness After Cross-Examination Under CPC and Representation of the People Act, 1951. The court held that Order XVIII Rule 17 CPC does not permit recall of a witness for further cross-examination after discharge, and inherent powers under Section 151 CPC cannot be invoked to circumvent specific provisions.

30 Nov -0001

The case arises from an election petition filed by Ravindra Ramji Mundhe (petitioner) challenging the election of Avadhoot Anil Tatkare (respondent No...

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