Search Results for "Vague Averments"

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Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...

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Bombay High Court Allows Second Appeal in Property Dispute, Holds That Plaint Description and Map Sufficient Under Order VII Rule 3 CPC. The court restored the trial court's decree for removal of encroachment and possession, finding that the first appellate court erred in reversing on technical grounds.

The case involves a second appeal arising from a property dispute. The appellants (plaintiffs) filed a suit for removal of encroachment and possession...

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Bombay High Court Dismisses Petition Challenging Demolition of Unauthorized Structure Under MRTP Act — Petitioner Failed to Produce Valid Documents to Establish Legality of Construction.

The petitioner, Jitendra Gorakh Megh, filed a writ petition under Article 226 of the Constitution of India challenging the demolition of his bungalow ...

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Bombay High Court Dismisses Revision Against Rejection of Leave to Defend in Summary Suit for Recovery of Union Funds. Court holds that defendants failed to show a triable issue or bona fide defence under Order 37 CPC, as the suit was based on a settlement agreement and consent terms.

The present Civil Revision Application was filed by the applicants (original defendants) challenging the order dated 20th January 2015 passed by the l...

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Bombay High Court Dismisses Challenge to Arbitral Award in Co-operative Bank Loan Dispute. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no grounds to interfere with arbitrator's decision on loan recovery under Multi-State Co-operative Societies Act, 2002.

The petitioner, M/s. Maks Glass Corporation, challenged an arbitral award dated 24th April 2010 passed under Section 84 of the Multi-State Co-operativ...

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Bombay High Court Dismisses Revision Against Civil Court's Jurisdiction in Saranjam Property Dispute. The court held that the Bombay Rent-Free Estates Act, 1852 and Exemptions from Land Revenue Acts, 1863 do not bar civil court jurisdiction over title and possession of Saranjam properties.

The case involves a Civil Revision Application filed by the original defendant no. 1 challenging an order dated 22 February 2005 passed by the Joint C...

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Bombay High Court Protects Service of Employee Who Gave Up Invalid Caste Claim - Petitioner's caste claim as Mahadev Koli (ST) rejected by Scrutiny Committee; court protects his service based on undertaking to forego future benefits.

The petitioner, Rajan Vitthal Tombri, was appointed as a Typist in the National Bank for Agriculture and Rural Development (respondent) in 1993 based ...

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Bombay High Court Dismisses Arbitration Petitions for Appointment of Arbitrator Due to Absence of Arbitration Agreement. Invoices Relied Upon by Distributors Did Not Contain Arbitration Clause, and No Other Agreement Was Produced.

The judgment involves multiple arbitration petitions filed by various distributors (petitioners) against Elder Pharmaceuticals Limited (respondent) se...

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Bombay High Court Terminates Arbitrator's Mandate for Failure to Pass Award Within Statutory Time Limit Under Section 29A of Arbitration Act. Court Appoints Substitute Arbitrator After Original Arbitrator Failed to Conclude Proceedings Despite Multiple Extensions.

The petitioner, M/s. Madhav Structural Engineers Limited, filed a petition under Section 14 of the Arbitration and Conciliation Act, 1996 seeking term...