Search Results for "inconsistent pleadings"

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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.

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...

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Bombay High Court Dismisses Revision Against Eviction Decree for Non-User and Subletting of Tenanted Shop. Tenant's Use of Premises as Godown for Grocery Items Held to Be Change of User and Subletting to Brother Constitutes Unauthorized Transfer.

The case involves a civil revision application filed by the defendants (tenants) against a decree of eviction passed by the trial court and confirmed ...

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Landlords Challenge Tenant's Late Amendment in Court of Small Causes. Legal dispute over tenancy rights involves delayed amendment and inclusion of new defendants, leading to writ petition and expedited hearing order.

Writ petition filed by landlords challenging an order from the Court of Small Causes, Mumbai, which allowed an amendment application by the plaintiff,...

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Supreme Court Allows Chief Information Commissioner's Appeal in RTI Case Against High Court. Section 22 of RTI Act Overrides Gujarat High Court Rules Requiring Affidavit for Third-Party Copy Requests.

The Supreme Court considered an appeal by the Chief Information Commissioner against a Gujarat High Court Division Bench order that set aside the CIC'...

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Bombay High Court Allows Appeal Against Remand Order in Adverse Possession Suit — Trial Court Decree Restored. First Appellate Court Exceeded Jurisdiction by Remanding Suit for Filing Written Statement Despite Proper Procedure Being Followed.

The case arises from a suit for declaration of ownership based on adverse possession filed by the plaintiffs (appellants) against the defendant (respo...

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Bombay High Court Allows Additional Documents in Arbitration Petition Despite Delay, Subject to Costs — Charge-Sheet Filed Against Contractor Relevant to Dispute Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two notices of motion filed in pending commercial arbitration petitions under Section 34 of the Arbitration and Conciliation Act...

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Supreme Court Dismisses Appeal in Adoption Dispute Due to Abatement — Conflict of Decrees Would Arise if Appeal Proceeded. Right to Sue Did Not Survive to Surviving Appellant Alone; Appeal Abated as a Whole Under Order XXII Rule 3 CPC.

The Supreme Court dismissed an appeal arising from a suit challenging the validity of an adoption. The appellants, two brothers, had filed a suit seek...

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Supreme Court Dismisses Appeal as Abated Due to Non-Substitution of Legal Heirs of Deceased Appellant in Property Title Suit. Appeal Abates Entirely When Deceased Appellant's Interest is Inseparable from Co-Appellants, Rendering Inconsistent Decrees Impossible.

The Supreme Court dismissed the civil appeals filed by the defendants/appellants against the judgment of the High Court of Andhra Pradesh which had co...