Search Results for "specific pleading"

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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 "specific pleading"

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High Court

Bombay High Court Allows Amendment of Written Statement and Counter Claim in Suit Filed Before 2002 CPC Amendment. Order 6 Rule 17 as amended by 2002 Amendment Act does not apply to suits instituted before 1.7.2002.

29 Mar 2011

The petitioner, Sumita Pradipkumar Dixit, challenged an order dated 29.8.2009 passed by the trial court in RC Suit No. 187/1999, which rejected her ap...

High Court

High Court of Bombay Dismisses Section 34 Petition Challenging Arbitral Award in Construction Dispute — No Ground for Interference Made Out. Arbitrator's findings on facts and law are final unless perverse or contrary to public policy; reappreciation of evidence not permissible under Section 34 of Arbitration and Conciliation Act, 1996.

6 Feb 2012

The petitioner, M/s. Shah Jagshi Jethabhai, a construction firm, challenged an arbitral award dated 16 January 2009 passed by a sole arbitrator under ...

High Court

Bombay High Court Allows Amendment of Plaint in Specific Performance Suit Despite Commencement of Trial — Amendment Sought to Add Legal Submissions and Subsequent Event Under Order VI Rule 17 CPC. Court Holds That Amendments Based on Existing Facts and Subsequent Events Are Permissible Even After Trial Has Commenced, Subject to Due Diligence.

5 Mar 2012

The plaintiffs filed a Chamber Summons seeking amendment of the plaint in a suit for specific performance of an agreement, declaration that terminatio...

High Court

Bombay High Court Allows Petition by Society Members Against Unauthorized Construction and Demolition by Developer. Members have locus standi to challenge illegal construction; administrator must act lawfully.

30 Nov -0001

The petitioners, who are members of the Linking Road Housing Society Limited, filed a writ petition challenging the unauthorized construction and demo...

High Court

Bombay High Court Dismisses Tenancy Declaration Petition Due to Lack of Evidence of Cultivation and Payment of Rent. Petitioners failed to prove they were tenants under Section 70(b) of the Bombay Tenancy and Agricultural Lands Act, 1948.

22 Mar 2005

The case involves a writ petition filed by several individuals (the petitioners) challenging the judgment and order of the Maharashtra Revenue Tribuna...

High Court

Bombay High Court Allows Appeal Against Dismissal of Application to Set Aside Ex-Parte Decree — Decree Set Aside on Condition of Costs. Ex-parte decree set aside as defendant had sufficient cause for absence and application was maintainable under Order IX Rule 13 CPC.

22 Jun 2005

The appellant, original defendant No.2, suffered an ex-parte decree dated 12.11.2003 for want of filing a written statement. He filed a notice of moti...

High Court

Bombay High Court Allows Appeal Against Dismissal of Amendment Application - Article 137 of Limitation Act Does Not Apply to Amendment of Pleadings Under Order 6 Rule 17 CPC. The court held that the right to apply for amendment arises when the need is discovered, not on filing of written statement, and allowed the amendment to avoid multiplicity of proceedings.

27 Feb 2013

The appeal arose from an order of the Learned Single Judge of the Bombay High Court dismissing a Chamber Summons for amendment of the written statemen...

High Court

Bombay High Court Allows Wife's Interim Maintenance Application in Family Court Appeal, Dismisses Husband's Stay Application. Maintenance under Section 125 CrPC is a continuing right and wife's employment does not automatically disentitle maintenance if her income is insufficient.

21 Dec 2023

The case involves two interim applications in a Family Court Appeal. The wife, Purvi Mukesh Gada, filed an application (IA/16733/2023) seeking interim...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Written Statement in Specific Performance Suit. Mistake of Counsel Held Not to Prejudice Defendant's Right to Fair Trial — Amendment Allowed as Explanatory and Necessary for Real Controversy.

18 Feb 2014

The petitioners, original plaintiffs, filed a suit for specific performance of contract dated 02.03.2003 against the respondents. During the trial, af...

High Court

Bombay High Court Allows Second Appeal in Property Injunction Case — Plaintiff's Possession Established Through Registered Sale Deed and Revenue Records. First Appellate Court's Reversal Set Aside for Ignoring Evidence of Possession and Failing to Consider Mutation Entries Under Section 135 of the Maharashtra Land Revenue Code, 1966.

20 Mar 2014

The case involves a second appeal filed by the original plaintiff, Shamkalabai (since deceased, represented by legal heirs), against the judgment and ...

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