Search Results for "counter claim"

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Search Results for "counter claim"

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Supreme Court

Supreme Court Dismisses Appeals in Property Dispute Execution Case, Upholding High Court's Order Against Frivolous Litigation. The court affirmed the dismissal of writ petitions and appeals, highlighting abuse of procedural provisions under Order XXI Rule 97 of the Code of Civil Procedure, 1908, to delay execution of a decree for possession.

22 Apr 2021

The appeals arose from a common judgment of the Karnataka High Court dated 16th January 2020, which dismissed several writ petitions. The litigation c...

Supreme Court

Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

26 Nov 2020

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

Supreme Court

Supreme Court Dismisses Appeal Against Arbitral Award in Licence Agreement Dispute, Upholds Damages for Use and Occupation. Court holds that even if relationship is treated as tenancy, tenant is liable for rent/damages during closure period under Section 108 of Transfer of Property Act.

1 Oct 2020

The dispute arose from two licence agreements dated 27.08.1990 between the appellants (M/s Arun Kumar Kamal Kumar & Ors.) and the respondents (M/s Sel...

Supreme Court

Supreme Court Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

2 Sep 2020

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute Over Auction Sale — Upholds High Court's Finding That Auction Purchaser Was Real Owner, Not a Benami Front. The court held that the plaintiffs failed to prove that the auction purchaser was a benami for the original owner, and the suit was barred under Section 66(1) of the Code of Civil Procedure, 1908.

17 Mar 2020

The plaintiffs, wife and legal heirs of Govindasamy, filed a suit to set aside an auction sale of 1955 and seek possession of the suit property. The s...

Supreme Court

Supreme Court Allows State of Goa's Appeal in Forest Land Ownership Dispute — Names of Private Individuals Ordered to be Deleted from Survey Entry. The Court held that the unappealed finding of non-ownership and the 1951 Gazette Notification established the property as forest land belonging to the Forest Department.

6 Mar 2020

The State of Goa appealed against the judgment of the High Court of Bombay at Goa which affirmed the trial court's dismissal of the State's countercla...

Supreme Court

Supreme Court Dismisses Bank's Appeal Against National Textile Corporation in Pre-Nationalisation Dues Dispute. Claims for pre-nationalisation period cannot be enforced against the successor entity under the Textile Undertakings (Nationalisation) Act, 1995.

4 Mar 2020

The dispute arose from credit facilities extended by UCO Bank (appellant) to Shree Sitaram Mills Ltd., which was taken over by the National Textile Co...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit Between Brothers Over Property Dispute. High Court Directions on Common Areas and Terrace Rights Upheld as Consistent with Will and Evidence.

2 Mar 2020

The case involves a partition suit between two brothers, Sajan Sethi (appellant-defendant) and Rajan Sethi (respondent-plaintiff), concerning property...

Supreme Court

Supreme Court Allows Appeal in Registration Act Case — Compromise Decree Not Requiring Registration. Compromise decree relating to suit property does not require registration under Section 17(2)(vi) of Registration Act, 1908.

31 Jan 2020

The appeal arose from a judgment of the High Court of Madhya Pradesh at Indore Bench dated 13.02.2017, which dismissed the appellants' writ petition c...

Supreme Court

Supreme Court Dismisses Contempt Petition in Family Property Dispute — Settlement Agreement Binding, Third Party Claims Based on Agreement to Sell Not Recognized. The Court held that the contempt petition is premature as execution proceedings are ongoing, and an agreement to sell does not confer title under the Transfer of Property Act, 1882.

25 Nov 2019

The present contempt petition was filed by Kaushaliya against her father Jodha Ram and others for alleged non-compliance of the Supreme Court's order ...

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