Search Results for "Striking off Defence"

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Search Results for "Striking off Defence"

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High Court

Bombay High Court Dismisses Petitions Challenging Striking Off Written Statements in Commercial Suit — Time Limit of 120 Days Under Order VIII Rule 1 CPC and Section 16 of Commercial Courts Act, 2015 Is Mandatory and Cannot Be Extended.

28 Apr 2026

The judgment arises from two writ petitions filed by defendants in a commercial suit instituted by Tata Steel Ltd. (respondent) for recovery of amount...

High Court

Bombay High Court Allows Writ Petition Challenging Appellate Order in Leave and License Dispute — Interim Relief Granted to Licensee Pending Suit. The court held that the licensee had a prima facie case and balance of convenience in its favour, and the license was irrevocable under Section 60(b) of the Indian Easements Act, 1882.

22 Dec 2023

The petitioner, Wework India Management Private Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dat...

High Court

Bombay High Court Allows Appeal Against Interim Payment Order in License Fee Dispute — Sets Aside Direction to Pay Rs. 37.61 Lakhs Per Month Pending Trial. Court Holds That Order Under Order XXXIX Rule 10 CPC for Interim Payment Requires Admission of Liability or Undisputed Amounts, Not Determination of Disputed Claims.

1 Nov 2023

The Appellant, Kavis Fashions Private Limited, challenged an order dated 4 January 2021 passed by the Joint Civil Judge Senior Division, Thane, allowi...

High Court

Bombay High Court Dismisses Summary Judgment Application by ITC in Copyright and Passing Off Suit — Plaintiff's Claims Not Frivolous or Vexatious, Require Trial. The court held that the test for summary judgment under Order XIII-A CPC is stringent and that triable issues existed regarding copyright subsistence and passing off.

11 Jan 2022

The present Interim Application was filed by the Defendant, Indian Tobacco Company (ITC), seeking dismissal of the Plaintiff's claims for copyright in...

High Court

Bombay High Court Upholds Detention of Defendant for Willful Disobedience of Injunction in Partition Suit — Sale of Property After Service of Injunction Order Constitutes Contempt Under Order XXXIX Rule 2-A CPC.

16 Feb 2021

The case arises from a partition suit filed by respondent no.1 (original plaintiff) seeking 1/5th share in suit property claimed to be joint family pr...

Supreme Court

Supreme Court Dismisses Tenants' Appeals in West Bengal Eviction Case — Limitation Act Not Applicable to Section 7(2) Application Under West Bengal Premises Tenancy Act, 1997. The Court held that the time limits under Section 7(2) are mandatory and only one extension of up to two months is permissible, and Section 5 of the Limitation Act, 1963 does not apply.

13 Aug 2019

The appeals arose from eviction petitions filed by the respondent-landlord against the appellants-tenants under the West Bengal Premises Tenancy Act, ...

High Court

Bombay High Court Quashes Coercive Execution Order in Child Custody Dispute — Emphasizes Child's Welfare Over Parental Compliance. Court holds that execution of a direction for child counseling cannot be enforced by coercive measures like arrest or attachment against the mother, as the child's best interests and willingness are paramount under the Guardian and Wards Act, 1890.

22 Feb 2018

The petitioner-wife challenged an order dated 17 July 2017 passed by the Family Court No.2 at Mumbai, which was passed to execute an earlier order dat...

High Court

Bombay High Court Dismisses Injunction in Trademark Infringement and Passing Off Suit — No Deceptive Similarity Between 'Palm Grove' and 'Royal Palms' Hotels. Plaintiff's use of 'Palm Grove' always in combination with 'Ramada' and delay disentitled it to interim relief.

18 Apr 2016

The Plaintiff, Palm Grove Beach Hotels Pvt. Ltd., owned and operated a mid-range hotel in Juhu, Mumbai, under the name 'Ramada Plaza Palm Grove' (prev...

High Court

Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Evidence and Failure to Prove Unlawful Assembly. Conviction Under Sections 147, 148, 302, 323, 427, 452 Read With Section 149 IPC Set Aside as Dying Declaration and Witness Testimony Found Unreliable.

7 Jun 2010

The case arises from a political rivalry in Aundi village, Solapur district. The appellants, along with others, were tried for forming an unlawful ass...

High Court

Bombay High Court Dismisses Writ Petition Challenging Trial Court Order Refusing to Strike Out Defence for Non-Payment of Interim Rent Under Section 13(2) of the Maharashtra Rent Control Act, 1999. The Court Held That the Provision for Striking Out Defence Is Discretionary and Not Mandatory, and the Trial Court's Discretion Should Not Be Interfered With Unless Perverse.

30 Nov -0001

The petitioners, seven cooperative housing societies, filed a writ petition challenging an order of the trial court dated 30th April 2013, which rejec...

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