Search Results for "separate suit maintainability"

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High Court of Karnataka Allows Appeal in CPC Case — Sets Aside Order Dismissing Application Under Order XXXIX Rule 2-A for Non-Prosecution. Restoration of Application Granted as Plaintiff Was Not Given Sufficient Opportunity to Be Heard.

The appellant, Shantinath, was the plaintiff in O.S.No.306/2007 pending before the Senior Civil Judge and JMFC, Indi. He filed an interlocutory applic...

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Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Enquiry Officer's Report Not Furnished to Contractor Before Imposing Ban, Rendering Order Arbitrary and Unreasonable Under Article 14.

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by Respondent No.2, Oil and N...

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Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Internal Enquiry Report Not Shared With Contractor Before Imposing Business Ban, Rendering Order Arbitrary and Unreasonable.

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by respondent No.2, Oil and N...

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High Court of Karnataka Considers Application Under Section 434 Companies Act Seeking Transfer of Winding-Up Petition to NCLT. Applicant Argues No Irreversible Steps Taken, Citing Supreme Court Precedent.

The matter arose from a Company Petition filed in 2010 seeking winding up of Broadcast Infratel India Private Limited on grounds of unpaid admitted de...

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Bombay High Court Dismisses BPCL's Second Appeal in Eviction Suit Based on Lease Expiry. Court holds that under Section 111(a) of Transfer of Property Act, 1882, a lease determined by efflux of time does not require notice to quit, and the Burmah Shell Acquisition Act does not create a statutory tenancy.

The case involves a second appeal filed by Bharat Petroleum Corporation Ltd. (BPCL) against a decree of eviction passed by the trial court and confirm...

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High Court of Karnataka Quashes Megha Lok Adalat Decree in Property Suit — Petitioner Not a Party to Compromise. Decree Passed Without Jurisdiction as Dispute Was Not Referable to Lok Adalat Under Section 20 of Legal Services Authorities Act, 1987.

The petitioner, Kishore Baldev Bajaj, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a decree dated 25...

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High Court of Madras Hears Appeal From Trial Court's Preliminary Decree Partitioning Self-Acquired Property into Six Equal Shares. Appellants Contend Oral Partition and Superstructure Construction Entitle Them to Larger Shares.

The dispute arose from a suit for partition and permanent injunction filed by the plaintiffs (respondents) against the defendants (appellants) in resp...