Search Results for "Preliminary Issue"

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Search Results for "Preliminary Issue"

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High Court

Bombay High Court Dismisses Union of India's Petition Challenging Maintainability of Civil Suit for Declaration of Ownership. Trial Court's Decision on Preliminary Issue Upheld as It Involves Mixed Questions of Law and Fact Not Amenable to Summary Adjudication.

24 Apr 2018

The Union of India, through the Deputy Salt Commissioner, filed a writ petition under Article 227 of the Constitution of India challenging an order da...

High Court

Bombay High Court Dismisses Appeal Against CLB Order in Company Petition for Oppression and Mismanagement — Upholds Finding That Petition Was Not Maintainable Due to Lack of Consent Under Section 399 of Companies Act, 1956. The court held that consent of members under Section 399 must be obtained prior to filing the petition and cannot be cured after filing.

16 Apr 2018

The case involves an appeal against the order of the Company Law Board (CLB) dismissing Company Petition No.4 of 2007 filed by the appellants under Se...

High Court

High Court Allows Appeal by Bank in Mortgage Dispute, Remands Suit for Trial on Merits. The court held that the civil suit was not maintainable as the plaintiff had no locus standi to challenge the mortgage.

14 Mar 2018

The case involves an appeal filed by the Bank of India (original defendant No.2) against an order of the District Judge. The respondent No.1 (original...

High Court

Bombay High Court Dismisses Writ Petition Challenging Trial Court's Order on Limitation in Carriage by Air Act Case. The court held that the suit for damages for loss of cargo was not barred by limitation under Section 30 of the Carriage by Air Act, 1972, as the limitation period runs from the date of delivery or when the cargo ought to have been delivered.

2 Feb 2018

The petitioner, British Airways, challenged an order of the City Civil Court, Mumbai, which answered a preliminary issue on limitation in the negative...

High Court

Bombay High Court Allows Bank's Writ Petition Against Trial Court's Order Framing Issues Without Considering Delay in Raising Objection to Attachment. The Court held that under Order 21 Rule 58(1)(b) CPC, the trial court must first determine whether the objection to attachment was designedly or unnecessarily delayed before proceeding to adjudicate the claim.

28 Feb 2018

The Petitioner, Karur Vyasha Bank Limited, a banking company, filed a Writ Petition under Article 227 of the Constitution of India challenging an orde...

High Court

Bombay High Court Dismisses Revision Against Refusal to Frame Preliminary Issue of Jurisdiction in Eviction Suit. City Civil Court Has Jurisdiction Where Defendant Claims Ownership and Has Filed Separate Title Suit.

18 Dec 2017

The case arises from a civil revision application filed by Vinod Shamsunder Aneja (the applicant/defendant) challenging an order of the City Civil Cou...

High Court

Bombay High Court Dismisses Suit for Lack of Jurisdiction Due to Exclusive Jurisdiction Clause in Favor of London Courts. Contractual Clause Ousting Jurisdiction of Indian Courts Upheld Where Parties Agreed to English Law and Exclusive Jurisdiction of London Courts.

14 Nov 2017

The plaintiff, LSI Logistic Shipping International S.A., a company incorporated under the laws of Luxembourg, filed a commercial suit against the defe...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Mortgage Fraud Suit. Civil Court Has Jurisdiction to Entertain Suit Challenging Mortgage Deed as Fraudulent Despite Arbitration Clause in Loan Agreement.

21 Sep 2017

The respondent, Smt. Suman Ikhankar, filed a civil suit (R.C.S. No. 220/2011) against the applicant, Indiabulls Housing Finance Limited, and two other...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Dismissal in Specific Performance Suit — Directs Trial Court to Frame Limitation as Preliminary Issue. Agreement of Sale Dated 1974, Suit Filed in 2016, Court Finds Prima Facie Bar of Limitation but Allows Issue to Be Decided After Trial.

6 Jul 2017

The petitioners, original defendants, filed a civil revision challenging the order of the Civil Judge, Junior Division, Jalgaon-Jamod, dated 8.7.2016,...

High Court

High Court of Karnataka Dismisses Appeal Against Arbitrator's Order on Preliminary Issue as Not Maintainable Under Section 37 of Arbitration and Conciliation Act, 1996. Order on Issue No.2 Regarding Maintainability of Arbitration Claim is Not an Appealable Order Under Section 37(1) of the Act.

4 Oct 2018

The case involves an appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order passed by the Sole Arbitrator i...

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