Search Results for "trial not barred"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "trial not barred"

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High Court

Bombay High Court Allows Second Appeal in Property Dispute, Holds That Bar Under Section 47 CPC Does Not Apply to Persons Not Bound by Previous Decree. The Court ruled that the lower appellate court erred in applying the bar of Section 47 read with Order XXI Rule 101 CPC to a suit filed by persons who were not parties to the earlier decree.

11 Mar 2016

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant (original defendant) against the judg...

High Court

Bombay High Court Considers Validity of Revised Sanction for Prosecution of Police Officer Under IPC for Kidnapping. Question Whether Fresh Material Required for Second Sanction Order Under Section 197 CrPC and Bar of Section 161 Maharashtra Police Act.

23 Nov 2016

The instant criminal writ petition was filed under Section 482 of the Criminal Procedure Code, 1973 read with Article 227 of the Constitution of India...

High Court

Bombay High Court Allows Withdrawal of Court Deposits by Former Employee Despite Appellant's CIRP — Section 14 IBC Moratorium Does Not Bar Withdrawal of Pre-CIRP Deposits Made by Corporate Debtor. The court held that the deposit made by the corporate debtor as a condition for stay of execution is not an asset of the corporate debtor and is not covered by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016.

4 Jan 2023

The case involves an Interim Application filed by Rajendra Prasad Bansal (respondent in the First Appeal) seeking withdrawal of monies deposited by th...

Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

High Court

High Court of Karnataka Adjudicates Regular First Appeals Against Trial Court Decree in Suit for Declaration and Permanent Injunction. Property Dispute Among Multiple Parties Pertaining to Immovable Property Under Code of Civil Procedure, 1908.

1 Oct 2024

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High Court

High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

5 Mar 2012

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

Supreme Court

Supreme Court Allows Appeal in Civil Revision Petition and Rejects Plaint Under Order VII Rule 11 CPC. Plaint Based on Agreement to Sell Held Barred by Law as Agreement Does Not Create Interest in Property Under Section 54 of Transfer of Property Act, 1882, and Injunction Suit Without Declaration of Title Not Maintainable When Title Disputed.

16 Apr 2025

The appeal arose from a civil revision petition challenging the High Court's dismissal of an application under Order VII Rule 11 CPC seeking rejection...

High Court

Bombay High Court Adjudicates Appeal Under Section 14 of Admiralty Act Against Single Judge Order Dismissing Defendant's Notice of Motion. The dispute concerned breach of a bareboat charterparty and a subsequent time charterparty regarding a vessel.

23 Jul 2019

The original plaintiff, Siem Offshore Rederi AS, a Norwegian company, filed Admiralty Suit (L) No. 20 of 2018 before the Bombay High Court against the...

High Court

High Court of Bombay Considers Interim Motions in Suit by Foreign Trustees for Recovery of Assets Allegedly Concealed in India. The Court Examines Whether Plaintiffs Have Made Out Prima Facie Case for Disclosure and Deposit Orders Based on US Bankruptcy Court Findings.

8 Dec 2005

The suit was filed by ITC Ltd., acting as trustees in bankruptcy of Suresh Chitalia, Devang Chitalia, EST Fibres Inc., and Lokman Establishment, to re...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Patent Infringement Suit — Director's Authority to Sue Not Barred by Absence of Board Resolution at Plaint Stage. The court held that Order 29 Rule 1 CPC allows a director to sign and verify pleadings, and the absence of a board resolution is not a ground for rejection under Order 7 Rule 11(d) CPC.

2 Sep 2014

The appellant, M/s. Alcon Electronics Pvt. Ltd., filed a suit against the respondent, Celem S.A., in the District Court at Nashik seeking a declaratio...

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