Search Results for "separate suit maintainability"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "separate suit maintainability"

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High Court

High Court of Judicature at Bombay Decides Two Notices of Motion in Property Trespass Suit Alleging Defective Verification and Improper Institution of Plaint. The Court Examines Whether Plaint Filed by Constituted Attorney Without Personal Knowledge and on Unstamped Power of Attorney Should Be Rejected Under Order VII Rule 11 CPC and Maharashtra Stamp Act.

6 Sep 2019

The suit was filed by Sheikhah Fedi ah Saad Al - Abdullah Al - Sabah against Sanjay Mishrimal Punamiya and others alleging trespass into suit premises...

High Court

Bombay High Court Allows Appeal Against Remand Order in Partnership Dispute — Unregistered Partnership Bar Under Section 69(2A) of Indian Partnership Act, 1932 Applies to Suit for Accounts and Dissolution. The court held that the trial court must frame and decide the preliminary issue of maintainability under Section 69(2A) before proceeding with the suit.

11 Jul 2011

The appeal arose from a suit filed by the plaintiff (Respondent No.1) against the defendants (Appellants) seeking accounts and dissolution of an unreg...

High Court

Bombay High Court Allows Cross Objection Despite Dismissal of Main Appeal for Non-Removal of Office Objections. Cross Objection under Section 253(4) of Income Tax Act, 1961 is an independent proceeding and does not abate with dismissal of appeal.

9 Aug 2016

The case involves a Cross Objection filed by Cipla Limited (the assessee) under Section 253(4) of the Income Tax Act, 1961, in response to an Income T...

High Court

Bombay High Court Dismisses Appeals as Not Maintainable: Order on Territorial Jurisdiction Not Appealable Under Section 13 of Commercial Courts Act. The Court Holds That Orders Under Section 9-A CPC Are Not Enumerated in Order XLIII CPC or Section 37 Arbitration Act, Limiting Appeals in Commercial Disputes.

14 Sep 2017

The dispute arose out of two commercial suits filed before the Bombay High Court, where the plaintiffs claimed reliefs and the defendants raised preli...

High Court

Bombay High Court Dismisses Appeal Against Grant of Liberty to Withdraw Suit Under Order 23 Rule 1(3) CPC — Appeal Not Maintainable Under Section 13 of Commercial Courts Act, 2015. The order granting leave to withdraw with liberty to file fresh suit is not a 'judgment' under Section 13 of the Commercial Courts Act, 2015, and hence no appeal lies.

11 Mar 2022

The Appellant, Resilient Innovations Private Limited, filed an appeal under Section 13 of the Commercial Courts Act, 2015, challenging an order of the...

High Court

Gujarat High Court Allows Amendment Application in Partition Suit — Holds That Adding Property and Changing Valuation Does Not Alter Nature of Suit. Amendment Under Order VI Rule 17 CPC Must Be Liberally Granted to Determine Real Controversy Between Parties.

17 Feb 2026

The present petitions under Articles 226 and 227 of the Constitution of India were filed by the original plaintiffs (petitioners) challenging the orde...

High Court

Court Considers Maintainability of Commercial Appeal in Summary Suit Under Commercial Courts Act — Order on Summons for Judgment Challenged as 'Judgment' Under Section 13(1A). Transitional Provisions and Assignment Orders Examined for Pending Suits Transferred to Commercial Division.

24 Oct 2016

The Commercial Appeal arose from an order passed by a learned Single Judge of the Commercial Division of the Bombay High Court in Summons for Judgment...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Barred by Order 2 Rule 2 CPC. Plaintiff's Omission to Seek Leave for Subsequent Suit for Specific Performance After Earlier Injunction Suit Results in Bar.

27 Nov 2019

The appeal arises from a judgment of the Bombay High Court (Nagpur Bench) in a Second Appeal, which upheld the concurrent findings of the Trial Court ...

High Court

High Court of Karnataka, Dharwad Bench Adjudicates Regular First Appeal and Cross Objection Against Trial Court's Partial Decree in Suit for Declaration and Injunction. Court Addresses Maintainability, Adoption Validity, and Ancestral Property Claims.

1 Aug 2017

The Regular First Appeal and Cross Objection arose from a judgment and decree of the Principal Senior Civil Judge, Bagalkot, in O.S. No.57/2010, a sui...

Supreme Court

Supreme Court Dismisses Appeal by Suspended Directors in Insolvency Case on Maintainability and Limitation Grounds. Application under Section 7 of Insolvency and Bankruptcy Code, 2016 Filed by Power of Attorney Holder is Maintainable and Not Barred by Limitation Due to Acknowledgments Extending Period Under Section 18 of Limitation Act, 1963.

30 Sep 2021

The dispute arose from an application filed by Union Bank of India (Financial Creditor) under Section 7 of the Insolvency and Bankruptcy Code, 2016 ag...

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