Search Results for "vexatious defence"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "vexatious defence"

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Supreme Court

Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

15 May 2026

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

High Court

Gujarat High Court Allows Second Appeals in Rent Fixation Cases, Remands for Fresh Consideration. Court Holds That Appellate Court Erred in Dismissing Appeals Without Merits Under Section 11(3) of Bombay Rent Act.

3 Mar 2026

The present batch of Second Appeals under Section 100 of the Code of Civil Procedure, 1908, arises from a common judgment and order passed by the lear...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against IAS Officer in Arms License Case Due to Inordinate Delay and Lack of Sanction. The court held that unexplained delay of 20 years and absence of valid sanction under Section 197 CrPC vitiate the prosecution.

9 May 2025

The Supreme Court allowed the appeal filed by Robert Lalchungnunga Chongthu @ R L Chongthu, an IAS officer of the Bihar Cadre, against the judgment of...

High Court

High Court of Karnataka Allows Transfer of Sessions Case Due to Apprehension of Bias from Trial Judge's Remarks. Accused's Right to Fair Trial Under Article 21 of Constitution of India Prevails Over Mere Allegations of Bias.

20 Sep 2023

The petitioners, accused No.1 to 3 in Sessions Case No.164/2019 pending before the III Additional District and Sessions Judge, Kalaburagi, filed a pet...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

High Court

Bombay High Court Allows Appeal Against Conditional Leave to Defend in Commercial Summary Suit Based on Dishonoured Cheque — Reduces Deposit Amount from Full Cheque Value to 50%. The court held that a triable defence of blank cheque issuance warrants a less onerous condition for leave to defend under Order 37 CPC and Commercial Courts Act, 2015.

11 Jun 2018

The case arises from a Commercial Summary Suit filed by the respondent/plaintiff (Motilal Laxmichand Salecha HUF) against the appellant/defendant (Mou...

High Court

Bombay High Court Allows Leave to Defend in Summary Suit for Recovery of Price of Goods Allegedly Defective. The Court held that the defendant's claim of defective goods raised a triable issue, entitling it to unconditional leave to defend under Order 37 of the Code of Civil Procedure, 1908.

16 Apr 2018

The Petitioner, Minda Vast Access System Private Ltd., filed a Writ Petition under Article 227 of the Constitution of India challenging the order date...

High Court

Bombay High Court Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Contractual Breach Without Deception Does Not Attract Section 420 IPC.

25 Aug 2016

The petitioner, Sussanne Khan, a sole proprietor of a design firm, was engaged by the respondent no. 3, Mudhit Gupta, under a written contract to prov...

High Court

Bombay High Court Dismisses Petition Challenging Inquiry and Appointment of Authorized Officer Under MCS Act — Petitioner Failed to Show Prejudice or Violation of Natural Justice. Inquiry Under Section 83 is Fact-Finding; Opportunity at Section 88 Stage Sufficient.

16 Jul 2015

The petitioner, Gulabrao Sakharam Shelke, a former director of the Maharashtra State Co-operative Bank Ltd. (Respondent No.5), filed a writ petition u...

High Court

Bombay High Court Allows Revision Against Rejection of Plaint in Municipal Corporation Suit — Bar of Civil Court Jurisdiction Under Section 433A of Maharashtra Municipal Corporations Act Can Be Considered Under Order VII Rule 11 CPC. The court held that a suit challenging a notice under Section 260 for unauthorized construction is barred by Section 433A, and the bar can be examined under Order VII Rule 11 even if not apparent from the plaint.

29 Apr 2013

The case involves a civil revision application filed by the Commissioner of Akola Municipal Corporation against an order of the Trial Court rejecting ...

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