Search Results for "averment"

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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 Allows Society's Possession Claim in Tenant Copartnership Housing Society Dispute — Transfer of Flat Without Consent Invalid Under Bye-Laws and Maharashtra Cooperative Societies Act, 1960. The court held that the petitioner, claiming through an invalid transfer, is in illegal occupation and liable to be evicted.

7 Jul 2015

The writ petition was filed by Tedco Exports Pvt. Ltd. challenging the order of the Maharashtra State Cooperative Appellate Court which allowed the ap...

High Court

Bombay High Court Quashes Process Against Director in Cheque Dishonour Case for Lack of Specific Allegations of Vicarious Liability. Section 141 NI Act requires specific averment that the director was in charge of and responsible for the conduct of business at the time of offence.

14 Aug 2015

The applicant, Gaurav Vijay Bhatia, was arraigned as accused No. 3 in a criminal complaint filed by Ramnath P. Subramaniam (respondent No. 1) under Se...

High Court

Bombay High Court Allows Rejection of Plaint Against Defendant Directors in NSEL Suit for Lack of Averments and Immunity Under IFC Act. The court held that vague allegations without specific averments do not constitute a cause of action, and an IFC employee is immune from suit for official acts under the International Finance Corporation (Status, Immunities and Privileges) Act, 1958.

23 Sep 2015

The Bombay High Court disposed of two notices of motion filed by Defendant Nos. 14 and 15 in a suit by National Spot Exchange Limited (NSEL) against v...

High Court

Bombay High Court Quashes FIR Under Section 420 IPC in Mobile Handset Dispute — No Criminal Intent Established. Failure to Replace Faulty Mobile Handset Does Not Attract Cheating in Absence of Deception at Inception of Transaction.

16 Sep 2015

The petitioner, Keith Gracias, filed a Criminal Writ Petition before the Bombay High Court at Goa seeking quashing of FIR No.31/2013 registered agains...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds First Appellate Court's Decision on Limitation. Suit for Declaration by Minors Governed by Article 60 of Limitation Act, 1963, Limitation Runs from Attaining Majority.

15 Oct 2015

The case involves a second appeal before the Bombay High Court at Goa arising from a property dispute. The appellants (defendants in the original suit...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree. First Appellate Court's Reversal Set Aside for Failing to Appreciate Preponderance of Probability and Ignoring Undisputed Title of Appellant Over Part of Suit Property.

23 Oct 2015

The case involves a second appeal filed by Smt. Laxmibai Govind Bhat Korde (appellant) against the judgment and decree of the First Appellate Court wh...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Recovery Suit — Plaint Discloses Cause of Action Under Order 7 Rule 11 CPC. The court held that the plaint contained specific averments regarding the contract, bills, and outstanding amount, thus disclosing a cause of action.

13 Jan 2016

The petitioner, M/s Cyrus Marine Services, filed a Civil Revision Application under Section 115 CPC challenging the order dated 02.11.2015 passed by t...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Under Order 7 Rule 11 CPC — Plaint Discloses Cause of Action for Recovery of Money. The court held that only plaint averments are relevant for Order 7 Rule 11 CPC and the plaint clearly disclosed a cause of action for recovery of balance amount.

13 Jan 2016

The petitioner, M/s Cyrus Marine Services, filed a Civil Revision Application under Section 115 CPC challenging the order dated 02.11.2015 passed by t...

High Court

Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Courts Below on Title and Possession. The court held that the appellant failed to prove title and possession over the suit property, and the findings of fact by the lower appellate court were not perverse or based on no evidence.

30 Nov -0001

The case involves a property dispute where the appellant, Xec Mohidin (since deceased, represented by his heirs), filed a second appeal against the ju...

High Court

Bombay High Court at Goa Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Courts Below. The court held that the appellants failed to prove their title and possession over the suit property, and the findings of fact by the lower appellate court were not perverse or based on no evidence.

30 Nov -0001

The case involves two second appeals filed by the appellants against the judgment and decree of the District Judge, South Goa, Margao, in Regular Civi...

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