Search Results for "Regular Civil Suit"

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Search Results for "Regular Civil Suit"

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High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Dismissal Order in Commercial Suit — Suit Not Barred by Arbitration Clause as Reliefs Are Not Covered by Arbitration Agreement.

1 Feb 2024

The present Civil Revision Application was filed by the applicants/defendants challenging the order dated 03.02.2023 passed by the Commercial Court at...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine and Enforceable Due to Lack of Credible Evidence and Discrepancies in Pleadings.

5 Mar 2020

The appellant, Harish, filed a suit for specific performance of an agreement to sell dated 05.12.2008 allegedly executed by the respondents in his fav...

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

High Court of Karnataka Allows Appeal in Recovery Suit, Sets Aside Decree Due to Non-Production of Best Evidence. Adverse Inference Drawn Under Section 114(g) of Indian Evidence Act, 1872 Against Plaintiff Who Failed to Produce Written Agreement and Delivery Challans.

2 Dec 2019

The appellant, Karnataka State Agro Corn Products Ltd., a Government of Karnataka undertaking, was the defendant in a suit for recovery of money filed...

High Court

High Court of Karnataka Allows Appeal by Liquidator in Recovery Suit Against Bank for Wrongful Payment After Liquidation — Bank Liable to Pay Fixed Deposit Amount to Liquidator Despite Payment to Company Director After Winding Up.

1 Apr 2015

The plaintiff, Gowribidanur Sahakara Sakkare Karkhane Ltd., a co-operative society under liquidation, filed a suit for recovery of money against India...

High Court

Bombay High Court Dismisses Civil Revision Application Against Rejection of Plaint Under Order VII Rule 11 CPC in Suit for Specific Performance and Declaration of Title. Limitation Issue Held to Be Mixed Question of Fact and Law Requiring Trial.

19 Sep 2024

The present Civil Revision Application (CRA) was filed by Defendant No.9 (the applicant) impugning an order dated 10.04.2023 passed by the Trial Court...

High Court

Bombay High Court Allows Partition Suit Plaintiff's Writ Petition, Sets Aside Appellate Order That Reversed Trial Court's Injunction. Court Holds That a Consent Deed Is a Valid Conveyance and That a Plaintiff in Possession Through Vendors Is Entitled to Injunction Against Trespasser.

5 Jun 2023

The petitioner, Balwant Krishna Thorat, filed a Regular Civil Suit No.208 of 2020 seeking partition of his share in the suit property and an injunctio...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Holding That Defendant No. 2 Failed to Establish Adverse Possession Over Suit Property. The Court Set Aside Concurrent Findings of Lower Courts and Remanded the Matter for Fresh Consideration on the Issue of Adverse Possession.

24 Nov 2016

The case involves a second appeal arising from a partition suit filed by the plaintiff (Sitaram) against defendants no. 1 (Pandharinath) and no. 2 (Pa...

High Court

Bombay High Court Allows Second Appeal in Eviction Suit — Tenant's Subletting Without Consent Justifies Decree for Possession. Lease Deed Clause Prohibiting Subletting and Assignment Without Landlord's Written Consent Enforced; Tenant's Alleged Partnership with Landlord's Son Not Proven.

15 Sep 2010

The case involves a second appeal filed by the defendants/appellants against a judgment and decree dated 21.3.2000 passed by the Additional District J...

High Court

Bombay High Court Examines Validity of Arbitration Reference and Anti-Suit Injunction in Wind Turbine Technology Licensing Dispute. The Core Issue Revolves Around Whether an Unincorporated IPLA Constitutes a Binding Arbitration Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

5 Oct 2012

The dispute arose from a joint venture between Enercon (India) Ltd. and its directors (Petitioners) and Enercon GmbH and Wobben Properties GmbH (Respo...

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