Search Results for "defendant's right"

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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...
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Search Results for "defendant's right"

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High Court

Bombay High Court Allows Amendment of Written Statement in Commercial Suit — Defendant No. 7 Permitted to Amend Pleadings to Include Additional Grounds of Defence. Amendment Sought to Add Facts Regarding Execution of Agreement and Payment of Consideration, Held Not to Cause Prejudice to Plaintiff as Trial Not Yet Commenced.

30 Nov -0001

The present interim application was filed by defendant no.7, Ganesh Lakhaji Chudasama, seeking amendment of his written statement in a commercial suit...

High Court

Bombay High Court Rejects Plaint in Copyright Infringement Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. Plaintiff's 11-Month Delay and Lack of Genuine Urgency Leads to Relegation to Mediation.

6 Sep 2024

The plaintiff, Ultra Media and Entertainment Pvt. Ltd., filed a commercial suit alleging copyright infringement of the character 'Shaktimaan' by the d...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Holds That Purchaser of Property During Pendency of Suit Is Bound by Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882, and That Will Deed Must Be Proved in Accordance with Law. The court held that the appellant, who purchased the property during the pendency of the suit, is bound by the decree, and the will deed was not duly proved as attesting witnesses were not examined.

18 Nov 2019

The case involves a second appeal arising from a partition suit. The original plaintiffs, Shivaji and Kamlabai, claimed a 1/3rd share in the propertie...

High Court

Bombay High Court Allows Second Appeal in Part Performance Case - Doctrine of Part Performance Protects Possession of Purchaser Under Section 53A of Transfer of Property Act, 1882. The court held that dismissal of specific performance does not automatically divest possession if the purchaser is ready and willing.

15 Oct 2018

The case involves two counter appeals arising from a suit for specific performance and possession. The plaintiff, Suresh Kamte, entered into an agreem...

High Court

Bombay High Court Dismisses Bank's Application to Reject Plaint in Commercial Suit for Recovery of Fixed Deposits Allegedly Misappropriated by Bank Manager. Court Holds That Dispute Arising from Breach of Contractual Terms of Fixed Deposit Constitutes a Commercial Dispute Under Section 2(1)(c) of Commercial Courts Act, 2015, Despite Allegations of Fraud.

10 Jun 2024

The Bombay High Court dismissed an interim application filed by the State Bank of India (defendant) under Order VII Rule 11 CPC seeking rejection of t...

High Court

High Court of Judicature at Bombay Allows Appeals and Sets Aside Interim Injunction Protecting Non-Disposal Shares — Holds that Non-Disposal Agreement Shares were Meant to Secure Recompense Obligation under Loan Purchase Agreement for Shortfall after Sale of Pledged Shares. Assignment of Loan Did Not Extinguish the Loan Purchase Agreement and the Bank Could Enforce the NDA to Recover Shortfall.

3 Dec 2015

The appeals arose from a suit filed by United Breweries (Holdings) Limited (UBHL) and Kingfisher Finvest (India) Limited against ICICI Bank Limited an...

High Court

High Court of Karnataka Sets Aside First Appellate Court's Decree Granting Injunction to Sub-Tenants in Landlord-Tenant Dispute — Eviction Order Obtained by Landlord Held to Bar Subsequent Injunction Suit. Permanent Injunction Suit by Sub-Tenants on Basis of Settled Possession Dismissed as Rights Derived from Tenant Extinguished Upon Eviction Decree, Under Section 100 of Code of Civil Procedure, 1908.

6 Oct 2023

The dispute arose from a long history of landlord-tenant litigation concerning suit property originally leased for 90 years to M/s Binny Company, whic...

High Court

Madras High Court Admits Second Appeal on Legality of Rent Enhancement by Devasthanam. Tenant Contended Enhancement was Unreasonable and Sought to Introduce Additional Documents to Challenge Plaintiff's Title.

21 Apr 2026

The plaintiff, Sri Veerarghavaswamy Devasthanam, a temple managed by a hereditary trustee, filed a suit for recovery of rent arrears amounting to Rs.1...

High Court

Bombay High Court Grants Probate of Will After Rejecting Allegations of Unsound Mind, Undue Influence, and Unnatural Disposition. Execution Proved by Attesting Witnesses Despite Minor Inconsistencies; Burden of Proving Invalidity Not Discharged by Caveator Under Indian Succession Act, 1925.

23 Mar 2016

The case involved a testamentary suit filed by the executors of the will of Rajendra Singh Kushwaha, who died in Mumbai on 18th December 2009. The pla...

High Court

Karnataka High Court Allows Partition Appeal in Co-owner Dispute — Rejects Adverse Possession Claim. Court holds that a co-owner cannot claim adverse possession against another co-owner without ouster, and a suit for partition is not barred by limitation under Article 65 of the Limitation Act, 1963.

21 Oct 2019

The case involves a family dispute over property originally owned by M.A. Mohammed Ayoob. The appellant, Mohammed Hussain, filed a suit for partition ...

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