Search Results for "vexatious litigation"

162 result(s) found

Scroll Down To Discover

Found 162 result(s)

© Image Copyrights Juris Services & Technology

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.

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 ...

© Image Copyrights Juris Services & Technology

Gujarat High Court Allows Appeal in Family Property Dispute — Land Sold Without Consent of Co-Owners. Transfer of Property Act, 1882, Section 44 — Co-owner cannot transfer undivided share to stranger without consent of other co-owners.

The present appeal arises from a judgment and decree dated 27.12.2019 passed by the learned Principal Senior Civil Judge, Umbergaon, in Special Civil ...

© Image Copyrights Juris Services & Technology

Karnataka High Court Dismisses Petition Seeking Expeditious Disposal of Execution Case and Restoration of Conviction — Execution Case Already Disposed, Conviction Set Aside on Appeal. No Mandamus Issued as Relief Sought Became Infructuous.

The petitioner, Mr. Hemachandra M. Kuppalli, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of th...

© Image Copyrights Juris Services & Technology

Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

© Image Copyrights Juris Services & Technology

Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

© Image Copyrights Juris Services & Technology

Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

© Image Copyrights Juris Services & Technology

Bombay High Court Grants Anti-Suit Injunction Restraining Bank from Proceeding in Hong Kong Court in Loan Recovery Dispute. The court held that the trial court's refusal on jurisdictional grounds was not sustainable and confirmed the interim injunction pending final disposal.

The appellant, KSL and Industries Limited and another, filed an appeal against an order dated 25 November 2013 passed by the City Civil Court, Mumbai,...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Plaintiff's Suit for Recovery Due to Prior Arbitration Awards. The court held that the suit is barred by res judicata as the same claims were already adjudicated in arbitration proceedings under the Arbitration Act, 1940.

The plaintiff, Unique Integrated Transport & Management Consultancies Pvt. Ltd., filed a suit against Mahanagar Telephone Nigam Ltd. (MTNL) and its of...