Search Results for "Triable issues"

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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 "Triable issues"

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High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Property Dispute — Agreement of Transfer and Re-conveyance Clause Requires Trial. Order VII Rule 11 CPC plaint rejection set aside as suit raises triable issues regarding clause 10 of 1957 agreement and plaintiff's transferee rights.

2 Sep 2013

The appellant, Satish Talakchand Shah, filed a civil suit (Civil Suit No. 1708 of 2010) in the City Civil Court, Mumbai, seeking declaration of owners...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff Partnership Firm in Suit for Recovery of Outstanding Amounts Under Order XXXVII CPC. Defendant's Application for Leave to Defend Rejected Due to Lack of Triable Issues and Failure to Disclose Substantial Defense.

6 May 2010

The plaintiff, Harilal & Co., a partnership firm registered under the Indian Partnership Act, 1932, filed Summary Suit No.3037 of 2007 in the Bombay H...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Summary Judgment in Commercial Suit for Recovery of Loan. Money-Lending Without License Under Maharashtra Money-Lending (Regulation) Act, 2014 Raises Triable Issue.

31 Jan 2023

The petitioners, M/s. Ashok Commercial Enterprises and Ramesh Uttamchand Ramchandani, filed a commercial suit for recovery of Rs.50,00,000/- with inte...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff Sub-Contractor for Unpaid Construction Work. Court holds that defendant's denial of liability is not bona fide and raises no triable issue under Order 37 of the Code of Civil Procedure, 1908.

6 May 2010

The plaintiff, Jolly Constructions, a registered partnership firm acting as a sub-contractor, filed a summary suit under Order 37 of the Code of Civil...

High Court

Bombay High Court Grants Conditional Leave to Defend in Summary Suit for Recovery of Loan — Triable Issues Raised Regarding Limitation and Acknowledgment of Debt. Defendant's Application for Leave to Defend Allowed Subject to Deposit of 50% of Suit Amount Under Order XXXVII Rule 3(5) of CPC, 1908.

23 Feb 2021

The plaintiffs, Carl Pinto De Andrade and others, filed a Commercial Summary Suit against Ventura Securities Limited for recovery of Rs. 1,00,00,000/-...

High Court

High Court of Karnataka Considers First Appeal Against Denial of Specific Performance of Land Sale Agreement. The appeal challenges the trial court's finding that the plaintiff failed to prove readiness and willingness and that the contract was validly terminated.

3 Mar 2015

The dispute arose from an agreement for sale of agricultural lands situated at Maranagere Village, Tiptur Taluk. The first defendant, aged about 81 ye...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Goods Sold — Triable Issues Raised Regarding Quality and Rejection of Goods. The court held that where the defendant raises a triable issue, unconditional leave to defend must be granted, and the plaintiff cannot obtain a decree without trial.

13 Oct 2017

The plaintiff, Shree Pushkar Chemicals & Fertilizers Ltd., filed a Commercial Summary Suit against the defendant, Huntsman (International) India Pvt. ...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Rs.1 Crore Based on Negotiable Instrument. Triable Issues Raised Regarding Consideration and Liability of Defendants Under Order XXXVII CPC.

28 Sep 2022

The plaintiff, Parag Jyotindra Gandhi, filed a commercial summary suit against the defendants, Jayant Narendra Mehta and Others, to recover a sum of R...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute, Upholding High Court's Decree for Possession and Injunction. The Court held that the suit was not under Section 6 of the Specific Relief Act, 1963, making the appeal competent, and rejected belated applications for amendment of written statement and additional grounds at the appellate stage.

29 Mar 2023

The dispute originated from a suit filed by the plaintiff (respondent) seeking permanent injunction and later amended to include prayers for possessio...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Commercial Suit for Dishonour of Cheque — Bank's Defence of Missing Signature on Reverse of Cheque Rejected as Not Triable Issue. The court held that under the Negotiable Instruments Act, 1881, the signature on the face of the cheque is sufficient and the absence of signature on the reverse does not constitute a valid defence.

11 Aug 2021

The plaintiff, SKS Power Generation (Chhattisgarh) Ltd, filed a Commercial Summary Suit against Canara Bank for recovery of Rs. 1,00,00,000/- with int...

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