Search Results for "prothonotary"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "prothonotary"

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High Court

Bombay High Court Allows Compromise Decree in Property Suit Despite Third-Party Intervention Claim — Consent Terms Binding on Parties, Intervener's Rights Not Affected. The Court held that a compromise between the original parties does not affect the rights of a third party claiming independent title, and such third party need not be impleaded in the suit.

29 Nov 2024

The judgment arises from a suit filed by Vinesh Rashmikant Shah and others (Plaintiffs) against Pee Jay Traders and others (Defendants) concerning dis...

High Court

Bombay High Court Dismisses Commercial Summary Suit for Failure to Take Out Writ of Summons and Summons for Judgment Within One Year of Filing. Plaintiff's Delay in Serving Process Leads to Dismissal Under Order XXXVII Rule 2 and Section 16 of Commercial Courts Act, 2015.

1 Sep 2023

The plaintiff, Hikal Limited, filed a Commercial Summary Suit (CSS) against the defendant, Paxchem Limited, on 28 September 2021. The suit was filed u...

High Court

Bombay High Court Dismisses Stay Application in Arbitral Award Challenge — No Automatic Stay Under Section 36 of Arbitration Act Without Strong Prima Facie Case. Court holds that mere filing of Section 34 petition does not warrant stay; applicant must demonstrate irreparable harm and balance of convenience.

14 Dec 2020

The judgment concerns an interim application filed by Kishor N Shah and others (the Shahs) under Section 36 of the Arbitration and Conciliation Act, 1...

High Court

Bombay High Court Dismisses Petition Challenging Refusal to Condon 902-Day Delay in Setting Aside Ex-Parte Order. Delay of 902 days in seeking to set aside order 'Suit to proceed without written statement' not sufficiently explained; Court upholds trial court's refusal to condone delay.

22 Feb 2018

The petitioner, Rupchand Rajmalji Jain (Sancheti), was defendant No.2 in a suit filed before the City Civil Court, Mumbai. The suit was originally fil...

High Court

Bombay High Court Dismisses Defamation Suit Against Advocate for Sending Complaint to Cooperative Registrar. Communication to Registrar Held Not 'Publication' as It Lacked Intent to Harm Reputation and Was Privileged Under Exception 9 to Section 499 IPC.

2 Feb 2015

The plaintiffs, members of a cooperative housing society, filed a defamation suit against Defendant No.1 (a fellow member) and Defendant No.2 (her adv...

High Court

Bombay High Court Allows Bank's Petition for Commission on Guarantees Issued to Court — Canara Bank Entitled to 3% Commission on Guarantees in Favour of Prothonotary and Senior Master. The court held that a bank issuing guarantees at the request of a customer is entitled to commission as per its standard terms, and the Debt Recovery Appellate Tribunal erred in denying such commission.

6 May 2014

The petitioner, Canara Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, filed a wr...

High Court

Bombay High Court Allows Execution of Consent Decree for Sale of Property Through Court in Partition Suit. Court Directs Issuance of Warrant of Sale and Appointment of Commissioner to Distribute Proceeds Equally Between Co-Owners.

29 Oct 2013

The plaintiff, Shri Anant Narayan Kajrolkar, filed a praecipe in a pending execution application seeking production of papers and proceedings to enabl...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Revoke Leave Under Clause 12 of Letters Patent in Mortgage Suit. Part of Cause of Action Arose Within Jurisdiction as Loan Agreement and Assignment Deed Were Executed in Mumbai and Title Deeds Deposited There.

1 Oct 2013

The appellant, Deccan Chronicle Holdings Ltd., was the original First Defendant in a suit filed by PIL Industries Ltd. (the plaintiff) for recovery of...

High Court

Bombay High Court Dismisses Summary Judgment in Security Deposit Recovery Suit — Triable Issues Raised on Forfeiture Clause and Interest Claim. Leave and Licence Agreement's Clause 14(c) Permitting Forfeiture of Deposit for Overstay Creates Triable Issue, Precluding Summary Judgment Under Order 37 CPC.

21 Mar 2006

The plaintiff, RMC Readymix (I) P.ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Kanayo Khubcha...

High Court

Bombay High Court Dismisses Appellant's Appeal Against Arbitration Award as Time-Barred Under Article 119 of Limitation Act. Limitation period for setting aside award runs from date of notice of filing of award, not from date of receipt of award.

8 Dec 2005

The appeal arises from a judgment of a Single Judge of the Bombay High Court dismissing an arbitration petition filed by Oil and Natural Gas Corporati...

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