Search Results for "Counter claim"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Counter claim"

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High Court

High Court of Bombay Adjudicates Appeal Against Remand Order in Suit for Possession, Where Defendant Sought to Introduce Counter-claim for Specific Performance. Appellate Court's Decision to Allow Amendment and Remand Challenged on Grounds of Limitation and Delay.

19 Dec 2006

The litigation originated from an agreement to sell agricultural land bearing Field Survey No. 161 of Mouza Wanoja-Devi, executed on 9 February 1975 b...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application Under Order VII Rule 11 CPC. Exclusion of Counterclaim for Want of Pecuniary Jurisdiction Does Not Bar Subsequent Suit for Specific Performance.

14 Oct 2022

The applicant, Sainath Jadhav, filed Regular Civil Suit No.731 of 2007 for injunction against the respondent, Shankar Jadhav, regarding agricultural l...

Supreme Court

Supreme Court Allows Appeal in Arbitration Dispute Over CENVAT Credit Counter Claim — Arbitrator's Jurisdiction Limited to Disputes Arising from Contract Terms. Counter Claim for CENVAT Invoices Held Beyond Scope of Arbitration Agreement as No Demand Raised During Contract Period.

23 Oct 2019

The dispute arose between Bharat Petroleum Corporation Limited (BPCL) and Go Airlines (India) Limited under an Aviation Fuel Supply Agreement dated 01...

High Court

High Court of Bombay Dismisses Plaintiff's Suit Challenging Invocation of Counter Guarantee in Port Development Project. Court holds that fraud must be established against the beneficiary, not a third party, and that invocation of a counter guarantee is not fraudulent merely because the underlying contract is disputed.

5 Oct 2012

The plaintiff, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bidding Agreement (JBA), the Counter Guarantee, and its invoc...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award Rejecting Counterclaim in Share Brokerage Dispute. Court upholds arbitral tribunal's finding that appellant failed to prove respondent's negligence in squaring off F&O contracts without notice.

24 Jul 2012

The appellant, Avalon Investment Private Limited, was a client of the respondent, Mukesh Brokerage & Financial Limited, a share broker registered with...

High Court

High Court Dismisses Defendants' Writ Petition Against Rejection of Leave to File Additional Written Statement in Civil Suit - Trial Court Properly Exercised Discretion Under Order VIII Rule 9 CPC to Prevent Withdrawal of Admissions and Belated Counter-Claim.

25 Mar 2026

The dispute originated from a Leave and Licence Agreement dated 1 August 2018, where the respondent-plaintiff was granted licence to occupy premises b...

High Court

Bombay High Court Allows Writ Petition Challenging Trial Court Order Allowing Counter Claim in Cooperative Dispute — Limitation Issue Raised. The court held that allowing the counter claim would extinguish the period of limitation available to the respondents and permit the petitioners to maintain the counter claim from the date of inception of the suit.

16 Feb 2023

The present Writ Petition was filed by the legal heirs of the original petitioner M.L. Sandbhor against Sulochana Walimbe (deceased) through her legal...

Tribunals

NCLAT Allows Appeal in IBC Case Due to Unrebutted Averments — Respondent's Statement at Bar Not to File Counter Leads to Admission of Appellant's Pleadings. The principle from Naresh Kumar Bansal v. G.S. Kalra & Ors., 1993 (25) DRJ 230 applied where respondent declined to file counter affidavit.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT) at Chennai was hearing an appeal under the Insolvency and Bankruptcy Code, 2016. The appellant, Mr...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Permitting Additional Written Statement with Inconsistent Stand in Eviction Suit. Change of Status from Co-sharer to Tenant Held Impermissible Under Order 8 Rule 9 CPC as It Introduces a Totally Inconsistent and Contradictory Stand.

1 Jan 2026

The appeal arises from a civil suit for eviction filed by the plaintiff, Mondira Ghosh, against the defendant, Chaitali Ghosh, in the City Civil Court...

High Court

Bombay High Court Allows Transfer of Patent Suit to High Court Under Section 104 of Patents Act, 1970 — Counterclaim for Revocation Mandates Transfer. The court held that upon filing a counterclaim for revocation of a patent, the suit must be transferred to the High Court, and the trial court cannot insist on payment of court fees before taking the counterclaim on record.

6 Jun 2011

The applicant, SERGI Transformers Explosion Prevention Technologies Private Limited, challenged the orders of the learned District Judge, Thane dated ...

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