Search Results for "negative averments"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
Bombay High Court Upholds Conviction of Appellant for Murder Under Section 302 I...
High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "negative averments"

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High Court

Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

26 Aug 2024

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Cancellation of Release Deed — Plaint Not Liable for Rejection Under Order VII Rule 11 CPC as Cause of Action Disclosed. Allegations of Fraud and Misrepresentation in Obtaining Release Deed Constitute a Valid Cause of Action, and the Court Cannot Look into Defense at the Stage of Order VII Rule 11 CPC.

23 Jun 2023

The case arises from a civil suit filed by the plaintiff (respondent herein) seeking cancellation of a registered release deed dated 01.07.2019, alleg...

Supreme Court

Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

4 May 2023

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

15 Dec 2022

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the appellants (legal representatives of t...

High Court

Bombay High Court Dismisses Petition Challenging CLAT 2015 Answer Key, Upholds Expert Committee's Discretion. Court declines to interfere with model answers and results of Common Law Admission Test 2015, holding that judicial review of academic decisions is limited unless there is patent error or mala fides.

2 Jul 2015

The petitioner, a student who appeared for the Common Law Admission Test (CLAT) 2015, challenged the model answers published by the respondent No.1 (t...

High Court

Bombay High Court Dismisses Appeal Against CLB Order in Company Law Dispute Over Share Transfer and Oppression. Court upholds CLB's refusal to dismiss petition under Section 397/398 of Companies Act, 1956, finding prima facie case of oppression and mismanagement.

20 Dec 2012

The judgment arises from a company appeal filed under Section 10F of the Companies Act, 1956, by M/s. Gharda Chemicals Limited and others against an o...

High Court

Bombay High Court Dismisses Port Trust's Suit Against Bank for Demurrage Charges — Bank Not Owner Under Major Port Trusts Act, 1963. Suit Against Bank Barred by Limitation as Goods Sold in 1979 and Suit Filed in 1982.

30 Apr 2012

The plaintiff, Board of Trustees of the Port of Bombay (BPT), filed a suit against defendant No.1 (M/s. South Iron & Steel Co.) and defendant No.2 (Un...

High Court

Bombay High Court Allows Revision Application in Suit for Declaration and Injunction — Plaint Ordered to be Returned for Presentation to Proper Court Due to Lack of Territorial Jurisdiction. The court held that the City Civil Court at Dindoshi lacked jurisdiction over immovable property situated in Kandivali, and the plaint must be returned under Order VII Rule 10 CPC.

10 Oct 2011

The case involves a civil revision application filed by the original defendant no. 4, Manju Narendra Gupta, challenging an order of the City Civil Cou...

High Court

Bombay High Court Dismisses Writ Petition Against Eviction Decree in Partnership Property Dispute. Concurrent findings of fact that defendants were licensees, not tenants, upheld under Article 227.

12 Aug 2011

The petitioners (original defendants) were a partnership firm occupying premises owned by the respondent (original plaintiff) partnership firm. Initia...

High Court

Bombay High Court Upholds Return of Plaint in Suit for Injunction Relating to Open Land — Small Causes Court Has Exclusive Jurisdiction Under Presidency Small Cause Courts Act, 1882. The suit for injunction regarding open land used for water tap and underground cable was held to be exclusively triable by the Small Causes Court under Section 41 of the Presidency Small Cause Courts Act, 1882, as the land was appurtenant to a building.

31 Jan 2005

The appellant, Rambaran Mayashankar Tiwari, carrying on business as Bhole Shankar Flour Mill, filed a suit in the City Civil Court at Bombay seeking a...

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