Search Results for "Vague pleadings"

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Singapore Seller Against Indian Buyer. Rejects Objections Based on Conflicting Jurisdiction Clauses and Public Policy Under Section 48 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Louis Dreyfus Commodities Asia Pte Ltd., a Singapore-based company, filed a petition under Sections 47 and 48 of the Arbitration ...

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Bombay High Court Dismisses Second Appeal in Loan Recovery Suit — Confirms Decree for Rs. 48,168 with Interest. Plaintiff's claim for loan repayment upheld as defendants failed to prove that cheques were issued as security for a loan to plaintiff.

The plaintiff, Kishore K. Shah, filed a suit for recovery of Rs. 48,168/- with interest against the defendants, Vasanti Babli Borkar and Govind Babli ...

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High Court Dismisses Review Petition in Property Dispute Over Will — No Error Apparent on Face of Record. Review under Section 114 CPC read with Order 47 Rule 1 CPC cannot be used to re-argue the case or correct erroneous findings unless there is an error apparent on the face of the record.

The applicants (original appellants) filed a review application under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908, seek...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Demolition Notice Case. Court holds that demolition notices under Section 351 of the Mumbai Municipal Corporation Act, 1888 require prior show-cause notice and opportunity of hearing, upholding trial court's order setting aside notices.

The Municipal Corporation of Greater Mumbai (appellant) filed an appeal against an order of the City Civil Court, Mumbai, which set aside demolition n...

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Bombay High Court Dismisses Challenge to Arbitral Award in Co-operative Bank Loan Dispute. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no grounds to interfere with arbitrator's decision on loan recovery under Multi-State Co-operative Societies Act, 2002.

The petitioner, M/s. Maks Glass Corporation, challenged an arbitral award dated 24th April 2010 passed under Section 84 of the Multi-State Co-operativ...

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Bombay High Court Allows Rejection of Plaint Against Directors in Commercial Suit -- No Cause of Action Against Nominee Director and Other Directors -- Corporate Personality Principle Upheld

The Bombay High Court allowed Notices of Motion filed by Defendant Nos. 3 to 8 seeking rejection of the Plaint -- The Plaintiff had sued Defendants an...

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine and Enforceable Due to Lack of Credible Evidence and Discrepancies in Pleadings.

The appellant, Harish, filed a suit for specific performance of an agreement to sell dated 05.12.2008 allegedly executed by the respondents in his fav...