Search Results for "separate suit maintainability"

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Bombay High Court Dismisses Suit for Want of Authority in Defamation Action by Company. Plaintiff No.2 lacked valid board resolution with mandatory consent of V-C Investor under Articles of Association to institute suit on behalf of Plaintiff No.1.

The suit was a defamation action filed by Subhiksha Trading Services Ltd. (Plaintiff No.1) and its Managing Director (Plaintiff No.2) against Azim Pre...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interlocutory Order as Not Maintainable Under Section 34 of Arbitration and Conciliation Act, 1996. Order Rejecting Permission to File Fresh Valuation Report Is Not an Interim Award and Cannot Be Challenged Under Section 34.

The dispute arises from a Share Purchase Agreement (SPA) dated 22.12.2003 between Dilip Timblo (appellant) and Prashant Timblo (respondent). The appel...

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Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

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High Court of Karnataka Disposes Admiralty Suit as Settled Between Parties. Mutual Settlement Reached in Claim for Unpaid Wages and Arrest of Vessel M.V. Maharshi Mahatreya.

The petitioner, Sri. Rajkiran Sadanand Raikar, filed a civil petition under Sections 9 and 26 read with Order 7 Rule 1 of the Code of Civil Procedure,...

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Bombay High Court Allows Second Appeal in Partition Suit — Sales by Karta Not Binding on Coparceners. Court holds that alienation of joint family property by a karta without legal necessity or benefit to estate does not bind other coparceners under Hindu law.

The case involves a second appeal filed by the original defendant No.1 against the judgment of the appellate court in a partition suit. The plaintiffs...

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High Court of Karnataka Dismisses Civil Revision Petition for Abatement Due to Failure to Implead Legal Representatives of Deceased Respondent. Delay of 5637 days in seeking substitution not condoned as no sufficient cause shown, resulting in abatement of appeal against deceased respondent.

The petitioner, Sri K.K. Monnappa, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated ...

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Karnataka High Court Adjudicates Writ Petitions Challenging Mandatory Pre-Deposit under Section 35F of Central Excise Act, 1944. The court examined whether the mandatory deposit requirement violated Articles 14, 19(1)(g) and 265 of the Constitution of India.

The High Court of Karnataka heard a batch of writ petitions filed by several assessees, including Hindustan Petroleum Corporation Ltd., Prestige Garde...