Search Results for "plaintiff's assertion"

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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 Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "plaintiff's assertion"

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High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Temple Land, Remands for Fresh Consideration of Adverse Possession and Limitation Issues. The court set aside the first appellate court's decree and restored the trial court's dismissal of the suit, finding that the plaintiffs failed to prove title and possession within limitation.

28 Nov 2023

The present second appeal arises from a property dispute concerning a temple and adjacent land in Burhanagar, Ahmednagar. The original plaintiffs (res...

High Court

Bombay High Court Dismisses Writ Petition Against Rejection of Order 7 Rule 11 CPC Application in Eviction Suit — Maintainability Under Article 227 Not Available When Revision Under Section 115 CPC Lies. Composite Application Including Issues Beyond Plaint Rejection Does Not Convert Order into One Not Subject to Revision.

18 Dec 2019

The petitioner, Jasraj Lalaji Oswal, was the defendant in Civil Suit No. 9 of 2016 filed by the respondents (plaintiffs) seeking his eviction. In that...

High Court

Bombay High Court Partially Allows Appeals in Octroi Dispute, Directs Deposit of Reduced Amount for Continuation of Current Account Facility. The court modified the trial court's condition of depositing the entire disputed octroi amount, holding that a reduced deposit was sufficient to balance the interests of both parties.

13 Dec 2006

The case involves two appeals filed by Bajaj Auto Ltd. against the Pimpri Chinchwad Municipal Corporation and its officers, challenging a common order...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

28 Jul 2016

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

High Court

Bombay High Court Dismisses Revision Against Order Rejecting Plaint for Non-Disclosure of Cause of Action in Suit for Possession and Mesne Profits. Court holds that plaint must disclose a clear cause of action and that mere assertion of title without factual basis is insufficient under Order VII Rule 11 of the Code of Civil Procedure, 1908.

30 Jan 2018

The case involves a civil revision application filed by the applicants (defendants) challenging the order of the trial court rejecting the plaint file...

High Court

Madras High Court Allows Rectification of Trademark Registration for 'ABACUS' in Educational Services — Petitioner's Prior Use and Reputation Established. The Court held that the mark 'ABACUS' is descriptive and not inherently distinctive, but the petitioner had acquired secondary meaning through long and extensive use since 1987.

8 Jan 2025

The petitioner, Abacus Montessori School, filed a rectification petition seeking removal of the trademark registration No. 1586733 in Class 41 for 'AB...

High Court

High Court of Karnataka hears petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator in joint development dispute after earlier award rejected specific performance. The court considers whether the claim for damages is barred by res judicata, following the Supreme Court's direction that such issue is for the arbitral tribunal.

29 Jul 2022

Background: The dispute arose out of a series of joint development agreements entered into between the petitioners (developers) and the father of the ...

High Court

High Court of Karnataka Allows Writ Petition for Masking of Acquitted Foreign National's Name from Digital Records, Upholding Right to Be Forgotten Under Article 21. The Court Held That Final Acquittal Must Be Digitally Recognized to Prevent Continuing Stigma and Loss of Employment Against Legally Innocent Person.

27 Jul 2026

The petitioner, a foreign national who was arraigned as accused No. 3 in a criminal case for offences under the Immoral Traffic (Prevention) Act, 1956...

High Court

Bombay High Court Upholds Arbitral Award Denying Specific Performance to Joint Venture Partner in Shareholders’ Agreement Dispute. Petitioner Failed to Prove Readiness and Willingness to Perform Its Part, Including Share Capital Contribution; Contract Involved Continuous Supervision Under Section 16(c) of Specific Relief Act, 1963.

16 Jun 2011

The case arose from a shareholders’ agreement dated 10 May 2001 between Carol Info Services Limited (petitioner) and the State of Maharashtra (respo...

Supreme Court

Supreme Court Allows Appeal of Complainant in Life Insurance Claim Repudiation Case — Insurer Failed to Prove Suppression of Material Facts. Non-disclosure of existing policies not established by documentary evidence; burden of proof under Section 45 Insurance Act, 1938 not discharged.

22 Apr 2024

The present civil appeal arises from the repudiation of life insurance claims by Future Generali India Life Insurance Company Limited. The appellant, ...

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