Search Results for "Plea recorded"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "Plea recorded"

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Supreme Court

Supreme Court Dismisses Appeal Against Arbitral Award in Licence Agreement Dispute, Upholds Damages for Use and Occupation. Court holds that even if relationship is treated as tenancy, tenant is liable for rent/damages during closure period under Section 108 of Transfer of Property Act.

1 Oct 2020

The dispute arose from two licence agreements dated 27.08.1990 between the appellants (M/s Arun Kumar Kamal Kumar & Ors.) and the respondents (M/s Sel...

High Court

Bombay High Court Upholds Specific Performance Decree in Flat Sale Dispute — Agreement to Sell Enforceable Despite Alleged Breach of Conditions. Court holds that time was not of essence in the agreement and that the purchaser was ready and willing to perform, directing execution of sale deed within two months.

12 Jun 2023

The case involves an appeal against a judgment and decree dated 07/08/2013 passed by the learned Judge, City Civil Court, Greater Bombay, in Regular C...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal Due to Perverse Findings on Partnership Act Bar and Proof of Transaction. The court held that Section 69(2) of the Indian Partnership Act, 1932 does not bar a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, and that the complainant had sufficiently proved the mercantile transaction.

3 Jul 2023

The appellant, Balaji Constructions, an unregistered partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, ag...

High Court

High Court of Bombay Dismisses Appeal Under Section 37 of Arbitration Act — Claimant Failed to Prove Outstanding Dues Beyond Admitted Liability. The court upheld the arbitral award rejecting the claim for Rs. 25 crores as the claimant did not produce sufficient evidence and the respondent's admission was limited to Rs. 15 lakhs.

19 Jan 2022

The appellant, Anmol Steel Processors Private Limited (claimant), filed a Commercial Appeal under Section 37 of the Arbitration and Conciliation Act, ...

High Court

Bombay High Court Allows Amendment of Written Statement to Include Adverse Possession Plea Despite Earlier Rejection, Holding Res Judicata Not Applicable to Interlocutory Orders. The court set aside the trial court's order and permitted the amendment subject to costs, emphasizing that principles of res judicata do not bar subsequent applications for amendment of pleadings when the earlier rejection was based on a different factual scenario.

14 Jan 2010

The petitioners, defendants in a suit for perpetual injunction relating to immovable property, had initially filed a reply to the plaintiffs' applicat...

High Court

Bombay High Court at Goa Allows Appeal Against Rejection of Plaint in Suit for Declaration and Injunction. Court holds that the trial court erred in rejecting the plaint under Order 7 Rule 11(d) CPC without considering the plaintiffs' claim of possession and the pending amendment application.

5 Feb 2010

The appellants, plaintiffs in Special Civil Suit No. 220/1993/A, filed a suit for declaration and injunction in 1993, claiming ownership and possessio...

High Court

Bombay High Court at Goa Upholds Conviction of Accused in Cheque Dishonour Case Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Not Rebutted Despite Absence of Loan Documents.

9 Apr 2010

The case involves a criminal revision application filed by Mrs. Devarsha Dnyaneshwar Parob, the accused, against her conviction under Section 138 of t...

High Court

Bombay High Court Upholds Labour Court Award in Industrial Dispute — Reinstatement with 50% Back Wages for Illegal Termination. Services Rendered at Different Units of Same Employer Counted Together for Computing 240 Days Under Section 25F of Industrial Disputes Act, 1947.

15 Apr 2010

The petitioner, Maharashtra State Power Generation Company Limited, challenged an award of the First Labour Court, Nagpur, which directed reinstatemen...

High Court

Bombay High Court Dismisses Petition Challenging Permission to File Written Statement Beyond Limitation in Specific Performance Suit. Order VIII Rule 1 CPC Held Directory; Legal Representatives of Deceased Defendant Allowed to File Written Statement as No Prejudice Caused to Plaintiff.

18 Nov 2019

The petitioner, Subhash Dhanraj Sankla, filed a suit for specific performance of an agreement to sell a property owned by Rhoda Phiroze Noble. The ori...

High Court

Bombay High Court Allows Second Appeal in Land Dispute, Holds That Tenancy Issue Without Bona Fide Pleadings Need Not Be Remitted to Tenancy Court. The court ruled that the trial court was not bound to remit issues regarding tenancy when the defendant's plea lacked details and was not supported by deposition.

20 Dec 2005

The case involves a second appeal by the original plaintiff, Gajanan s/o Govind Mokalkar, against the respondent, Jagdeo s/o Ganpat Warankar, concerni...

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