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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 "averment"

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High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Broker-Client Dispute. Court Upholds Award Directing Payment of Rs.1,58,39,459.87 but Refuses Interest and Costs Under Section 34 of Arbitration & Conciliation Act, 1996.

4 Sep 2014

The appellant, Harinarayan Bajaj, entered into various share transactions on the Bombay Stock Exchange (BSE) through the respondent, Madhukar Sheth, w...

High Court

Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for ITM Mark Based on Honest and Concurrent User Defence. Defendant's prior and continuous use of identical mark since 1994 established honest and concurrent user under Section 12 of the Trade Marks Act, 1999, defeating claim for injunction.

15 Sep 2014

The plaintiffs, ITM Trust and its trustees, filed a suit for trademark infringement and passing off against the defendant, Educate India Society, alle...

High Court

Bombay High Court Partially Allows Contractor's Appeal in Blast Hole Drilling Dispute, Upholds Rate of Rs.115 per Meter for Work Done Without Formal Contract. Court Holds That Absence of Formal Agreement Does Not Preclude Payment on Quantum Meruit Basis for Work Actually Performed and Accepted.

7 Oct 2014

The case involves two cross-appeals arising from a suit for recovery of Rs.22,76,673/- filed by M/s. Shri Sowmiya Enterprises (plaintiff/contractor) a...

High Court

Bombay High Court Dismisses Revision Against Quashing of Process in Defamation Case — Complaint Lacked Averment of Publication to Third Party. The Court held that publication is a sine qua non for defamation under Sections 500 and 501 IPC, and the Sessions Court rightly set aside the process.

2 Dec 2014

The petitioner, Satyabhash Yeshwant Salgaonkar, was the original complainant who filed a complaint alleging offences punishable under Sections 500 (de...

High Court

Bombay High Court Dismisses Petition Challenging Demolition of Unauthorized Structure Under MRTP Act — Petitioner Failed to Produce Valid Documents to Establish Legality of Construction.

30 Nov -0001

The petitioner, Jitendra Gorakh Megh, filed a writ petition under Article 226 of the Constitution of India challenging the demolition of his bungalow ...

High Court

High Court of Bombay at Goa Partly Allows Appeal and Cross Objections in Land Acquisition Compensation Case — Market Value Enhanced for Acquired Land Based on Comparable Sales and Potential for Development. The court applied the belting method to determine market value, awarding higher compensation to the claimants.

19 Jan 2015

The case pertains to an appeal filed by the Additional Collector of Goa and the Executive Engineer, P.W.D., challenging the judgment and award dated 1...

High Court

Bombay High Court Quashes Process Against Accused in Cheque Dishonour Case for Lack of Vicarious Liability. Applicant not a Director or signatory to cheque, and complaint lacked specific averments of being in charge of company affairs under Section 141 of Negotiable Instruments Act, 1881.

12 Jan 2015

The applicant, Prakash Koranne, was original accused no. 3 in a complaint filed by Sarvesh Kotwal (non-applicant no. 1) under Section 138 read with Se...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Trust Property — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Charitable Trust Land Requires Sanction Under Section 36 of Maharashtra Public Trusts Act, 1950; Time Was Not of Essence but Plaintiff's Conduct Showed Lack of Readiness.

4 Mar 2015

The plaintiff, Bastion Constructions, a partnership firm engaged in building and development, filed a suit for specific performance of an agreement fo...

High Court

Bombay High Court Allows Appeal Against Abatement of Suit in Property Dispute — Suit Not Abated as Cause of Action Survives Against Remaining Defendants. The court held that under Order 22 Rule 4 CPC, the death of one defendant does not abate the entire suit if the cause of action is joint and several and survives against other defendants.

31 Mar 2015

The appellants, Meera Vishwanath Patkar and Dhananjay Wadnerkar, filed a suit in the Civil Judge, Senior Division, Panaji, seeking a declaration that ...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Appellate Order Granting Temporary Injunction in Property Dispute. Appellate Court's interference with trial court's discretionary order upheld where trial court failed to consider relevant material and prima facie case was established.

13 Mar 2015

The petitioners, Mrs. Jennifer Mascarenhas and Mr. Januario Mascarenhas, filed a writ petition in the High Court of Bombay at Goa challenging an order...

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