Search Results for "Cause of Action"

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Supreme Court Dismissed Habeas Corpus Petition as Infructuous—Claim of Defamation by Petitioner Held Misconceived. Habeas Corpus—Police Statement on Divorce Decree—Alleged Defamation—No Basis Found

The Supreme Court dismissed the petition. Habeas Corpus petition becomes infructuous once the detenue is located—further inquiry is unnecessary. (Pa...

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"Supreme Court Upholds Restoration of Suit for Specific Performance Despite Initial Procedural Dismissal: Cause of Action Distinction Under Order II Rule 2 CPC Clarified" "Procedural bars must yield to substantive justice when causes of action in separate suits are distinct."

1. Delay Condonation and Leave Granted The Supreme Court condoned the delay in filing the Special Leave Petitions (SLPs) and granted leave to appea...

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Amendment in Civil Suit Permissible Due to Continuous Cause of Action, Even Without Section 80 Notice – Supreme Court.

The Supreme Court upheld the High Court's decision permitting the amendment, observing: The debarment orders stemmed from a continuous chain of eve...

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Post-Award Interest in Arbitration: Supreme Court Clarifies Computation. Determining if post-award interest applies to principal only or includes pre-award interest.

This case revolves around the North Delhi Municipal Corporation v. M/S S.A. Builders Ltd., in which the key issue pertains to post-award interest unde...

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"Writ Petition Seeking Correction of Promotion Date Dismissed Due to Delay and Laches" "Bombay High Court reaffirms the principle that delay defeats equity in service matters."

Introduction (Paras 1-4): The petitioner, an 81-year-old retired customs officer, challenged the Central Administrative Tribunal's (CAT) dismissal of...

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Conditional Guarantee Found Inoperative in Absence of CDR Approval. No life to a contract where pre-conditions remain unmet, rules Bombay High Court.

The suit revolves around whether the Deed of Guarantee executed by the plaintiff, Mr. Deepen Arun Parekh, became operative. The court held that the gu...

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Grant of Deemed Conveyance: Upholding Rights of Housing Societies Despite Unlawful Construction. Balancing flat purchasers' statutory rights with developers' non-compliance under the Maharashtra Ownership of Flats Act (MOFA).

The Bombay High Court addresses the pivotal issue of whether an illegal or unauthorized building structure impairs a cooperative housing society's sta...

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Appointment of Arbitrator Amidst Time-Bar Concerns in Shareholder Dispute. Supreme Court emphasizes the limited scope of judicial interference in arbitration petitions, reserving detailed merits and limitation questions for the arbitral tribunal.

1. Background of the Dispute The petitioner, Aslam Ismail Khan Deshmukh, is a Non-Resident Indian based in Dubai with expertise in the drilling flu...

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Jurisdictional Determination in Easementary Right Claim on Waqf Property. Balancing Civil Jurisdiction and Waqf Tribunal Powers in Disputes Over Waqf Property Access Rights.

The High Court of Bombay addressed the issue of jurisdictional competence between the Waqf Tribunal and the Civil Court. The case revolves around the ...