Search Results for "separate suit maintainability"

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Retrospective Application of Amendment Deleting Section 23 of Hindu Succession Act. Female Heirs Entitled to Partition of Dwelling House as Amendment Removes Disability and Applies to Pending Appeals.

The case involves a partition suit filed by Respondent No.1 (original plaintiff) against her brothers, including the Appellant (original defendant No....

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Bombay High Court Allows Petition Against Railway Eviction Notice for Non-Compliance with Statutory Requirements. Notice under Section 4 of the Railway Land (Unauthorised Occupation) Act, 1966 must specify the period of occupation and be served on the person in occupation.

The petitioners, Bhupendra Villa Premises Co-operative Society Limited, M/s. Ramesh Builders, and Rajen Harshadlal Sanghvi, filed a writ petition unde...

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High Court of Karnataka Dismisses Appeal Against Preliminary Decree in Partition Suit — Appellant Fails to Appear or Argue. Court upholds trial court's finding that plaintiff and defendant Nos.2-4 are entitled to 1/4th share each in joint family properties under Hindu Succession Act, 1956.

The appellant, a defendant in a partition suit, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure...

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Bombay High Court Quashes Notice Under Section 89 of MRTP Act for Lack of Jurisdiction — Prior Civil Court Decree Declaring Petitioner as Lessee and Not Trespasser Bars Corporation from Issuing Notice Under Different Act

The petitioner, M/s. Iqbal & Brothers, a partnership firm, challenged a notice dated 2nd December 1997 issued by the Pune Municipal Corporation under ...

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Karnataka High Court Upholds Trial Court's Order Allowing Plaintiff to Adduce Evidence in Commercial Suit, Finding No Perversity or Jurisdictional Error. Order Passed Under Order 18 Rule 4(1B) CPC Not Violative of Embargo When Sufficient Cause Shown.

The dispute arose from a commercial summary suit (Commercial O.S. No. 1/2018) filed by a Class-I contractor before the Commercial Court at Raichur aga...

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Bombay High Court Allows Appeal by Non-Party Neighbour in Balcony Construction Dispute — Leave Granted as Aggrieved Person Under Order 43 Rule 1A CPC. The court held that a non-party can appeal if aggrieved and applies for leave, relying on Province of Bombay v. Western India Automobile Association.

The case involves an appeal filed by Kiran Ramesh Kothari, a neighbour of the plaintiff in a suit, against an order protecting a balcony construction....

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...