Search Results for "Original Application"

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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...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Original Application"

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High Court

Bombay High Court Quashes Resumption Order and Restores Sanad Holder's Rights in Land Grant Dispute — Lease in Perpetuity Not Extinguished by Expiry of Fifty-Year Revenue Period. The court held that the Sanad was a perpetual lease and that the Collector's order of resumption was based on a misinterpretation of the term of the lease.

25 Jul 2024

The dispute concerns a land bearing CTS No. 3762 at Nashik, granted to Ahmedsaheb Kadarsaheb Kokani under a Sanad dated 31st October 1920. The Sanad s...

High Court

High Court of Judicature at Bombay Bench at Aurangabad Considers Civil Application Seeking Recall of Compromise Decree in Second Appeal No. 356 of 2001. Applicant Claims Prior Purchase of Suit Land and Alleges Fraud, Suppression, and Violation of Interim Orders.

30 Aug 2016

The applicant filed a civil application seeking recall of an order dated 23.12.2011 by which Second Appeal No.356 of 2001 was disposed of in terms of ...

High Court

Bombay High Court Allows Commercial Suit and Interim Application in Asset Reconstruction Dispute — Upholds Validity of Assignment of Debt and Security Interest. Court holds that an Asset Reconstruction Company (ARC) is entitled to enforce security interest under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) after valid assignment of debt.

15 Apr 2026

The Applicant, Phoenix ARC Private Limited, an Asset Reconstruction Company registered with the RBI, filed a Commercial Suit (COMSS No. 124 of 2025) a...

High Court

High Court of Judicature at Bombay Allows Husband's and Wife's Cross-Writ Petitions, Quashing Principal District Judge's Order That Exceeded Inherent Jurisdiction by Reviewing Withdrawal of Appeal. Withdrawal of Appeal Does Not Amount to Withdrawal of Original Petition Decided on Merits, and Res Judicata in Matrimonial Matters Requires Factual Inquiry into Continuing Wrongs.

4 May 2018

The dispute arose from matrimonial proceedings between a husband and wife. The husband filed HMP No.218 of 2009 seeking divorce on grounds of cruelty ...

High Court

Bombay High Court Allows Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Appointment of Arbitrator for Partnership Dispute. Court finds existence of arbitration clause in partnership deed and refers parties to arbitration despite dispute over dissolution.

2 Jul 2026

The applicant, Mr. Palwinder Singh Samra, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

High Court

Madras High Court Adjudicates Trademark Opposition Over 'Big Bite' Mark in Class 30. Court Considers Application of Prior User Test and Relevance of Trans-Border Reputation Under Trademarks Act, 1999.

11 Feb 2026

The appeals were filed under Section 91 of the Trademarks Act, 1999 against a common order dated 18.7.2014 by the Deputy Registrar of Trade Marks. The...

Supreme Court

Supreme Court Reverses High Court Order Permitting Evidence in Arbitration Challenge. The Court held that the 2019 amendment to Section 34(2)(a) of the Arbitration & Conciliation Act, 1996 is clarificatory and limits evidence to the arbitral record, disallowing additional evidence in Section 34 proceedings except in exceptional circumstances.

19 Jan 2023

The dispute arose from an arbitral award dated 12.03.1998, which was challenged by the respondents through an application under Section 34 of the Arbi...

Supreme Court

Supreme Court Allows Appeal Against Ex-Parte Decree Despite Dismissal of Order IX Rule 13 Application — Delay Condoned Due to Pendency of Earlier Proceedings. The Court held that the statutory right of appeal under Section 96(2) CPC is not extinguished by the dismissal of an application under Order IX Rule 13 CPC, and time spent in bona fide proceedings for setting aside the ex-parte decree constitutes sufficient cause for condonation of delay under Section 5 of the Limitation Act.

1 Jan 2019

The Supreme Court allowed the appeal filed by the defendant-appellant against the order of the Madras High Court refusing to condone the delay of 546 ...

High Court

Bombay High Court Dismisses Appeal Against Ex-Parte Ad-Interim Injunction in Trademark Infringement Suit — No Material Suppression Found. The court upheld the order granting injunction and appointing Court Receiver, noting that the defendants' subsequent registration does not bar the plaintiff's claim and that the order was time-limited with liberty to apply for variation.

7 Oct 2022

The case involves a commercial appeal by the original defendants against an ex-parte ad-interim order dated 15th September 2022 passed by a single jud...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Title and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

29 Jun 2026

The appellants (plaintiffs) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of t...

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