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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "separate suit maintainability"

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High Court

High Court of Karnataka Dismisses Appeal in Arbitration Matter — Appeal Against Order Under Section 34 of Arbitration Act Not Maintainable Under Commercial Courts Act. The court held that the remedy of appeal against an order under Section 34 of the Arbitration and Conciliation Act, 1996 lies under Section 37 of that Act, and not under Section 13(1) of the Commercial Courts Act, 2015.

11 Feb 2021

The case involves an appeal filed under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts A...

High Court

High Court of Karnataka Allows Condonation of Delay in Filing Regular First Appeals — Appellant Granted Leave to Appeal Against Decree in Suit for Specific Performance. The court exercised its inherent powers under Section 151 CPC to condone delay where sufficient cause was shown, permitting the appellant to file appeals.

3 Mar 2015

The appellant, Smt. Lalitha Kothari, filed three miscellaneous civil petitions under Section 151 of the Code of Civil Procedure, 1908, seeking permiss...

High Court

High Court of Karnataka Allows Condonation of Delay in Filing Regular First Appeals — Appellant Permitted to Prosecute Appeals Against Decree in Suit for Specific Performance. Delay of 3 Days Condoned as Sufficient Cause Shown Under Section 151 CPC.

3 Mar 2015

The appellant, Smt. Lalitha Kothari, filed three miscellaneous civil applications under Section 151 of the Code of Civil Procedure, 1908, seeking perm...

High Court

High Court of Karnataka Allows Condonation of Delay in Filing Regular First Appeals — Appellant Granted Leave to Appeal Against Decree in Suit for Specific Performance. The court held that a liberal approach should be adopted in condoning delay unless there is gross negligence or lack of bona fides, and the appellant's explanation of pursuing other remedies and lack of legal advice constituted sufficient cause under Section 151 of the Code of Civil Procedure, 1908.

3 Mar 2015

The appellant, Smt. Lalitha Kothari, filed three miscellaneous civil petitions under Section 151 of the Code of Civil Procedure, 1908, seeking permiss...

Supreme Court

Supreme Court Refers Review Petitions on Women's Entry to Sabarimala Temple to Larger Bench — Constitutional Questions on Religious Freedom and Essential Practices Require Authoritative Determination by Seven-Judge Bench. The court identified an apparent conflict between Shirur Mutt and Durgah Committee regarding judicial review of essential religious practices under Articles 25 and 26 of the Constitution.

14 Nov 2019

The Supreme Court, in a judgment dated November 14, 2019, disposed of a batch of review petitions and connected matters arising from the earlier judgm...

High Court

Bombay High Court Allows Wife's Appeal for Return of Stridhan Under Section 27 of Hindu Marriage Act, 1955 — Husband Liable for Ornaments and Articles. The court held that the husband is presumed to be in possession of the wife's stridhan and must return it unless he proves otherwise.

13 Jan 2005

The appellant wife, Sangeeta B. Kadam, filed a Family Court Appeal challenging the judgment and order dated 11th June 2001 passed by the Family Court ...

High Court

Bombay High Court Allows Beneficiaries to Examine Attesting Witness in Will Probate Case Despite Earlier Statement Not to Lead Evidence. Court Holds That Right to Cross-Examine Own Witness Under Section 154 of Indian Evidence Act, 1872 Arises Only After Examination-in-Chief, and That Court Has Inherent Power to Permit Examination of Material Witness to Prevent Failure of Justice.

18 Oct 2013

The case arises from a testamentary suit for probate of a Will dated 9th August 1995. The plaintiffs, appointed as executors, filed a petition for pro...

Supreme Court

Supreme Court Examines Land Owner's Right to Insist on Acquisition under Section 126 MRTP Act After Town Planning Scheme Reservation. The Court frames the legal issue regarding the interrelationship between Chapters V and VII of the Maharashtra Regional and Town Planning Act, 1966 in the context of land reserved for public purposes.

1 Aug 2026

The appeal arose from a dispute regarding a plot of land reserved for Municipal Office in a Town Planning Scheme under the Maharashtra Regional and To...

Supreme Court

Supreme Court Dismisses Corporate Debtor's Appeal Against NCLT Order Admitting Insolvency Application Under Insolvency and Bankruptcy Code, 2016. Maharashtra Act Moratorium Does Not Bar Insolvency Proceedings as Section 238 of the Code Overrides Inconsistent State Laws.

1 Aug 2026

The appeal arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The corporate debtor, a multi-product compan...

Supreme Court

Supreme Court Dismisses Appeal by Erstwhile Directors in First Insolvency Case, Holding IBC Overrides State Moratorium. Corporate Debtor's Belated Defence of Non-Disbursal Under Master Restructuring Agreement Rejected as After-Thought.

1 Aug 2026

The case arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The appellant, a multi-product company, faced ...

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