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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 Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

5 Feb 2016

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...

High Court

High Court of Bombay at Goa Dismisses Civil Revision Against Rejection of Plaint in Mining Rejects Dumping Suit. Limitation and Jurisdiction Objections Not Decided at Preliminary Stage Under Order 7 Rule 11 CPC as Plaint Disclosed Continuing Cause of Action and Civil Court Jurisdiction.

5 Feb 2016

The respondent, Gurudas G. Pai, filed Special Civil Suit No.34/2011/A before the Civil Judge, Senior Division, Bicholim, against the petitioner, Ms. S...

High Court

Bombay High Court Quashes Compulsory Retirement of Family Court Judge in Public Interest — Rule 10(4) Pension Rules Invoked Without Sufficient Material. Court holds that compulsory retirement under Rule 10(4) of Maharashtra Civil Services (Pension) Rules, 1982 read with Rule 19 of Maharashtra Judicial Services Rules, 2008 requires a subjective satisfaction based on relevant material, and mere pendency of disciplinary proceedings or adverse entries without a review committee recommendation cannot sustain the order.

2 Mar 2016

The petitioner, Dr. Chitra Bhedi, was a Judge of the Family Court, Nagpur. She was compulsorily retired in public interest by an order dated 3rd Octob...

High Court

Bombay High Court Quashes Compulsory Retirement of Family Court Judge in Public Interest — Rule 10(4) Pension Rules Invoked Without Sufficient Material. Court holds that compulsory retirement under Rule 10(4) of Maharashtra Civil Services (Pension) Rules, 1982 read with Rule 19 of Maharashtra Judicial Services Rules, 2008 requires formation of opinion based on relevant material and cannot be passed mechanically or without application of mind.

2 Mar 2016

The petitioner, Dr. Chitra Bhedi, was a Judge of the Family Court, Nagpur. She was compulsorily retired in public interest by an order dated 3rd Octob...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Holds That Bar Under Section 47 CPC Does Not Apply to Persons Not Bound by Previous Decree. The Court ruled that the lower appellate court erred in applying the bar of Section 47 read with Order XXI Rule 101 CPC to a suit filed by persons who were not parties to the earlier decree.

11 Mar 2016

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant (original defendant) against the judg...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Despite Defendant's Preliminary Objections. Plaintiff's Mark 'ESSEL' Found to Have Acquired Distinctiveness and Defendant's Use Likely to Cause Confusion.

10 Mar 2016

The plaintiff, Essel Propack Ltd., filed a suit in 2010 against Essel Kitchenware Ltd. and another defendant for trademark infringement and passing of...

High Court

High Court of Bombay at Goa Quashes Amendment Order in Civil Suit — Amendment Sought Changed Nature of Suit and Was Barred by Limitation. Order 6 Rule 17 CPC amendment cannot be allowed if it introduces a new case beyond limitation period and alters the character of the suit.

3 Mar 2016

The petitioners, Fr. Ralin De Souza and Ashley Do Rosario, filed a writ petition challenging an order dated 26.02.2016 passed by the learned Civil Jud...

High Court

Bombay High Court Dismisses Petition Challenging Domicile Requirement for Minority Quota Admissions. Clause 18(18) of Information Brochure requiring minority candidates to attach Domicile Certificate for CAP held valid and not violative of Articles 14 and 30 of the Constitution.

24 Jun 2016

The petitioners, Oslen A. Dsilva and another, claiming to be students belonging to minority communities, filed a writ petition in the Bombay High Cour...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract via Email Exchange. Unsigned Memorandum of Understanding Not Binding as Parties Did Not Intend to Be Bound Until Execution of Formal Agreement.

14 Jul 2016

The appellants (original plaintiffs) filed a suit for specific performance of an alleged contract for the sale of a flat owned by the respondent (orig...

High Court

Bombay High Court Dismisses Revenue's Delay Condonation Applications in MVAT Appeals Due to Lack of Sufficient Cause. The court held that internal administrative delays and filing of Special Leave Petition do not constitute sufficient cause for condonation of delay under Section 27 of the Maharashtra Value Added Tax Act, 2002.

19 Jul 2016

The Revenue (Additional Commissioner of Sales Tax) filed three Notices of Motion seeking condonation of delay in preferring appeals under Section 27 o...

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