Search Results for "avoid multiplicity"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "avoid multiplicity"

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High Court

Bombay High Court Allows Arbitration Petitions Challenging Arbitral Award in Banking Dispute — Award Set Aside for Violation of Natural Justice and Failure to Consider Evidence. The court held that the arbitrator's failure to provide a reasoned award and consider the petitioners' evidence rendered the award contrary to public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

2 May 2015

The judgment pertains to two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award...

High Court

Bombay High Court Allows Amendment of Plaint in Lease Dispute — Petitioner Seeks to Bring Subsequent Events on Record. Amendment Sought to Include Facts Regarding Dispossession After Filing of Suit, Held That Amendment Should Be Allowed as It Does Not Change Nature of Suit.

12 Oct 2006

The petitioner, Mohan s/o Maluram Agrawal, filed a suit for mandatory injunction against the respondents, Smt. Kaladevi wd/o Sawarmal Agrawal and Pras...

High Court

Bombay High Court Dismisses Application for Impleadment in Probate Suit for Will of Bal Keshav Thackeray — Applicants Lack Caveatable Interest as They Are Not Heirs or Beneficiaries Under the Will. The court held that only persons with a direct legal interest in the succession, such as heirs or beneficiaries, have locus standi to be impleaded in probate proceedings under Section 283 of the Indian Succession Act, 1925.

30 Nov -0001

The case concerns a Notice of Motion filed by five applicants seeking to be impleaded as defendants in a Testamentary Suit for probate of the last wil...

Supreme Court

Supreme Court Dismisses Appeal Against Deletion of Party in Execution Proceedings — Delay and Abuse of Process by Legal Heir Claiming Tenancy Rights. The court held that the appellant's belated application under Order I Rule 10(2) CPC was an abuse of process aimed at delaying execution of a decree for specific performance that had attained finality.

1 Jan 2025

The present appeal arises from a judgment of the High Court of Kerala dismissing the appellant's original petition and affirming the Trial Court's ord...

High Court

High Court Allows Transfer of Criminal Case and Restores Dismissed Domestic Violence Application to Ensure Justice for Applicant Facing Financial Hardship Relief granted under Section 407 of Cr.P.C. to avoid multiplicity of proceedings and ensure the applicant receives due maintenance.

16 Oct 2024

Date of Hearing: The case was heard on October 16, 2024, by the High Court with Ms. Musale representing the applicant and Ms. Phad represen...

Supreme Court

Supreme Court Allows Wife's Appeal in Hindu Marriage Act Amendment Case, Permitting Counter-Claim for Declaration of Void Second Marriage. The Court held that delay in amendment application is not fatal under Order VI Rule 17 CPC when necessary to decide real controversy and avoid multiplicity of proceedings, and counter-claim for declaratory relief under Section 23A Hindu Marriage Act, 1955, is permissible in divorce petition.

7 Oct 2021

The dispute arose from a marriage solemnized on 1.3.1987 between the appellant-wife and respondent-husband under Hindu rites, with a child born on 3.5...

Supreme Court

Supreme Court Dismisses Appeals in Property Dispute Execution Case, Upholding High Court's Order Against Frivolous Litigation. The court affirmed the dismissal of writ petitions and appeals, highlighting abuse of procedural provisions under Order XXI Rule 97 of the Code of Civil Procedure, 1908, to delay execution of a decree for possession.

22 Apr 2021

The appeals arose from a common judgment of the Karnataka High Court dated 16th January 2020, which dismissed several writ petitions. The litigation c...

High Court

Bombay High Court Dismisses Petition Challenging Impleadment of Co-Legal Heirs as Co-Plaintiffs in Eviction Suit. Order 1 Rule 10 CPC Allows Necessary Parties to Join to Avoid Multiplicity of Proceedings, Even in Presence of Conflict of Interest.

9 Jul 2019

The case arises from an eviction suit filed by Maude D'Penha (the original landlady) through her son and General Power of Attorney, Loy Kenneth D'penh...

High Court

Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

25 Sep 2013

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

High Court

Bombay High Court Allows Execution of Possession Decree Against Court Receiver Despite Lack of Prior Leave - Leave Can Be Granted Retrospectively to Prevent Multiplicity of Proceedings. The court held that the requirement of obtaining leave to sue a receiver is to prevent interference with the court's custody, and such leave can be granted even after the decree to avoid multiplicity of proceedings.

19 Jul 2013

The case involves an appeal against an order of a learned Single Judge granting leave to the first respondent (landlord) to implead the Court Receiver...

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