Search Results for "amendment relates back"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...

Search Results for "amendment relates back"

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High Court

Bombay High Court Sets Aside Amendment of Plaint After Trial Commenced Due to Lack of Due Diligence by Plaintiff. The court held that the proviso to Order 6 Rule 17 CPC requires due diligence for amendments after trial commencement, and the plaintiff's illiteracy and recent procurement of certified copies did not constitute due diligence.

9 Oct 2024

The petitioners, original defendant nos. 1 to 3 and 5 to 8, challenged the order dated 29 April 2023 passed by the Civil Judge, Junior Division, Khand...

Supreme Court

Supreme Court Allows Arbitration Petition and Refers Non-Signatory to Arbitration Under Group of Companies Doctrine. The Court held that the referral court under Section 11(6) of the Arbitration and Conciliation Act, 1996 must only examine the existence of an arbitration agreement on a prima facie basis, and the group of companies doctrine can bind a non-signatory to the arbitration agreement.

20 Sep 2024

The present petition was filed under Section 11(6) read with Section 11(9) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole...

Supreme Court

Supreme Court Upholds Arbitral Award in Commercial Contract Dispute — Joint and Several Liability of Holding Company and Subsidiary Upheld. Division Bench's restoration of award under Section 37 of Arbitration and Conciliation Act, 1996 affirmed, rejecting challenge on grounds of patent illegality and public policy.

3 Sep 2024

The case arises from a dispute between OPG Power Generation Private Limited (OPG) and its holding company Gita Power and Infrastructure Private Limite...

High Court

Bombay High Court Dismisses Application to Condone Delay in Filing Written Statement in Commercial Suit — Mandatory 120-Day Limit Under Commercial Courts Act, 2015 Applies. Court holds that the proviso to Order VIII Rule 1 CPC as amended by Section 16 of the Commercial Courts Act, 2015 is a special provision for commercial disputes and overrides the Bombay High Court Original Side Rules, 1980.

10 Jun 2024

The case involves a Notice of Motion filed by the defendants (applicants) in a commercial suit before the Bombay High Court, seeking to quash the orde...

High Court

Bombay High Court Allows Petition of Directly Elected Sarpanch Challenging No-Confidence Motion — Motion by Gram Sabha Invalid Under Section 35 of Maharashtra Village Panchayats Act, 1958. Directly Elected Sarpanch Under Section 30A-1A Cannot Be Removed by Gram Sabha; Only Voters Who Elected Him Can Pass No-Confidence Motion.

12 Jan 2022

The petitioner, Amol Pandurang Godbole, was directly elected as Sarpanch of Village Panchayat Balirampur in the 2017 general election, a post reserved...

Supreme Court

Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

28 Oct 2021

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

Supreme Court

Supreme Court Reverses High Court's Quashing of FIR and Summons in SC/ST Act Case Due to Erroneous Interpretation of Magistrate's Jurisdiction and Sanction Requirements. Magistrate Retains Power to Take Cognizance Under Amended Section 14 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sanction Under Section 197 of Code of Criminal Procedure, 1973 Not Required for Acts Not in Discharge of Official Duties.

26 Oct 2021

The dispute arose from an FIR registered by the appellant, a complainant, against police officers for offences under the Indian Penal Code and the Sch...

Supreme Court

Supreme Court Allows Appeals by Punjab Wakf Board, Holds Wakf Tribunal Has Jurisdiction Over Suits for Possession of Wakf Property. The Court distinguished Ramesh Gobindram and held that under the Wakf Act, 1995, the Tribunal has exclusive jurisdiction over disputes relating to wakf property, even against non-Muslim lessees.

7 Feb 2019

The Supreme Court allowed two appeals filed by the Punjab Wakf Board against separate judgments of the Punjab and Haryana High Court. The High Court h...

High Court

High Court of Bombay at Goa Quashes Amendment Order in Civil Suit — Amendment Sought Changed Nature of Suit and Was Barred by Limitation. Order 6 Rule 17 CPC amendment cannot be allowed if it introduces a new case beyond limitation period and alters the character of the suit.

3 Mar 2016

The petitioners, Fr. Ralin De Souza and Ashley Do Rosario, filed a writ petition challenging an order dated 26.02.2016 passed by the learned Civil Jud...

High Court

Bombay High Court Dismisses Tenant's Challenge to Amendment of Plaint in Rent Control Suit — Amendment Allowed as Necessary for Adjudication of Real Controversy Between Parties

26 Jun 2014

The petitioner, Dinesh G. Chhabra, a tenant, challenged an order dated 21.3.2014 passed by the learned Second Additional Judge, Small Causes Court, Na...

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