Search Results for "separate suit maintainability"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "separate suit maintainability"

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High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Injunction Based on Possession Despite Failure to Prove Ownership. Concurrent findings of fact on possession are binding in second appeal unless perverse; a plaintiff in possession can seek injunction against a trespasser under Section 38 of the Specific Relief Act, 1963.

28 Jul 2017

The case involves a second appeal arising from a suit for declaration of ownership and permanent injunction filed by the respondents (original plainti...

High Court

High Court of Karnataka Dismisses Revision Petition by Mother and Brother Against Orders Granting Maintenance to Respondent Daughter/Sister Under Domestic Violence Act. The court upheld the concurrent findings of the courts below that the respondent was entitled to maintenance under the Protection of Women from Domestic Violence Act, 2005, even though she was not residing with the petitioners at the time of filing the complaint.

11 Dec 2019

The petitioners, Smt. N.S. Leelavathi (mother) and Sri R. Shiva Prathap (brother), filed a criminal revision petition under Section 397 read with 401 ...

High Court

Bombay High Court Allows Developer's Petition in Property Dispute, Sets Aside Injunction on Construction. Court holds that the appellate court exceeded its jurisdiction by granting ad-interim injunction without considering balance of convenience and prima facie case.

21 Apr 2010

The petitioner, Radhika Property Developers Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the judgment a...

High Court

High Court of Karnataka Hears Writ Petition by Legal Heirs and Subsequent Purchaser Challenging District Registrar's Order Directing Registration of Sale Deed. Petitioners Contend Appeal Filed After Five Years Was Barred by Limitation and District Registrar Lacked Jurisdiction Under Section 72 of the Registration Act, 1908.

11 Feb 2026

The dispute centered on a sale deed dated 18.02.1988 that was presented for registration but refused by the Sub-Registrar for non-production of the in...

High Court

Bombay High Court Dismisses Appeal Against Appointment of Court Receiver in Execution Proceedings — Third Party Claimants Cannot Resist Execution Without Independent Title. The Court held that Section 9A CPC does not apply to execution proceedings and that objections by third parties in execution are not maintainable unless they have an independent right or title.

25 Sep 2018

The case involves a commercial appeal arising from an order dated 8 August 2018 passed by a learned Single Judge of the Bombay High Court in execution...

High Court

High Court of Karnataka Dismisses Petition for Transfer of FIRs in Cheating Case — No Territorial Jurisdiction to Transfer FIRs from Maharashtra to Karnataka. The court held that since the FIRs were registered in Pune, Maharashtra, and no part of the cause of action arose in Karnataka, the High Court of Karnataka lacked territorial jurisdiction under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973.

19 Dec 2013

The petitioner, Deepak Kumar P. Shenvi, proprietor of M/s. Meghadoot Exim International, filed two writ petitions under Articles 226 and 227 of the Co...

High Court

Bombay High Court Dismisses Wife's Appeal Against Interim Orders Passed During Pendency of Marriage Petition Due to Delay and Lack of Challenge Before Dismissal of Main Petition. The court held that an appeal against interim orders passed during the pendency of a marriage petition under Section 9 of the Hindu Marriage Act, 1955, is not maintainable after the main petition has been dismissed and the appellant did not challenge the interim orders at any earlier stage.

7 Apr 2021

The appellant-wife, Dr. Sarika Akshay Ranade, filed a Family Court Appeal against orders passed by the Family Court No.5, Pune, on various application...

High Court

Bombay High Court Dismisses Jurisdictional Objection in Foreign Award Enforcement — Implied Exclusion of Part I of Arbitration Act Upheld. Parties' choice of London arbitration and English law impliedly excludes Part I of the Arbitration and Conciliation Act, 1996, including section 42, so prior section 34 application in Gujarat does not bar Bombay High Court from hearing enforcement petition under section 48.

5 Oct 2011

The petitioner, Eitzen Bulk A/S, filed a petition under section 48 of the Arbitration and Conciliation Act, 1996, before the Bombay High Court seeking...

High Court

Gujarat High Court Reduces Compensation by 50% in Motor Accident Claim Due to Contributory Negligence of Deceased Driver. Deceased's failure to place warning signs after tyre puncture on highway contributed to accident, leading to apportionment of liability under Motor Vehicles Act, 1988.

19 Jan 2026

The case arises from a motor accident claim filed by the legal heirs of Sunil Samharu Yadav, who died in a road accident on 19.05.2013. The deceased w...

Supreme Court

Supreme Court Dismisses Appeals in Copyright Infringement Case, Upholding High Court's Restoration of Suit for Trial. The Court held that rejection of plaint under Order VII Rule 11 of CPC was premature as factual issues regarding applicability of Section 15(2) of Copyright Act, 1957, required determination on merits regarding whether engineering drawings constituted a 'design' under Designs Act, 2000, and were reproduced more than fifty times by industrial process.

15 Apr 2025

The Supreme Court adjudicated appeals arising from a copyright infringement dispute between Inox India Limited (the respondent) and Cryogas Equipment ...

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