Search Results for "Triable issues"

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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 "Triable issues"

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High Court

Bombay High Court at Goa Dismisses Defendants' Writ Petition in Suit for Possession and Mesne Profits — Issues of Mundkarship and Tenancy Not Referable to Mamlatdar as They Are Not Substantial and Triable by Civil Court.

15 Apr 2010

The case involves a suit for possession and mesne profits filed by the plaintiffs (respondents) against the defendants (petitioners) in respect of a p...

High Court

Bombay High Court Allows Tenant's Application for Leave to Defend in Eviction Suit — Tenant's Affidavit Disclosing Triable Issues Regarding Bona Fide Requirement and Subletting Warrants Unconditional Leave. The court held that under Order 37 Rule 3(5) CPC, leave to defend must be granted if the affidavit raises triable issues, and the tenant's claim of tenancy and lack of bona fide requirement constituted such issues.

8 Jan 2019

The plaintiff, Sushilarani Baburao Patel, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Geeta Patel...

High Court

Gujarat High Court Allows Revision Against Rejection of Application to Produce Additional Evidence in Suit for Redemption of Mortgage and Partition. The court held that additional evidence can be permitted at any stage if relevant for just adjudication, and that the trial court erred in rejecting the application solely on ground of delay under Section 115 of the Code of Civil Procedure, 1908.

5 Mar 2026

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 arises from the rejection of an application at Exh. 20 i...

Supreme Court

Supreme Court Allows Appeal in Summary Suit for Recovery of Dues — Conditional Leave to Defend Set Aside. Unconditional Withdrawal of Criminal Prosecution Under Negotiable Instruments Act and Lack of Explanation for Delayed Cheques Indicate No Admission of Debt, Entitling Defendant to Unconditional Leave to Defend.

15 Jul 2019

The Supreme Court considered an appeal against an order granting conditional leave to defend in a summary suit filed by Polycab Wires Pvt. Ltd. agains...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order 7 Rule 11 CPC — Plaint Disclosed Cause of Action for Declaration and Injunction Regarding Tenancy Rights. The court held that the trial court erred in rejecting the plaint as it raised triable issues concerning tenancy and agreements between defendants.

26 Sep 2013

The appellant, legal heir of Prahladsingh Ramkhilavan Singh, filed appeals against the rejection of plaints in two suits under Order 7 Rule 11 of the ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Easement Rights Dispute. Order 7 Rule 11 CPC Application Dismissed as Plaint Discloses Triable Issues Regarding Existence of Road and Easement of Necessity.

29 Apr 2014

The petitioner, Goa Industrial Development Corporation, filed a Civil Revision Application under Section 115 CPC challenging an order dated 3.3.2011 p...

High Court

Bombay High Court Dismisses Revision Against Order Granting Unconditional Leave to Defend in Summary Suit for Recovery of Possession and Arrears of Rent. Tenant's Defence Raising Triable Issues Regarding Title and Attornment Entitles Tenant to Leave to Defend Under Order 37 CPC.

30 Nov -0001

The present civil revision application was filed by the Indian Oil Corporation Ltd. (the original defendants) against the order dated 30-01-2013 passe...

High Court

Bombay High Court Examines Industrial Court's Rejection of Interim Relief in ULP Complaint Over Jurisdiction Under Schedule II of MRTU & PULP Act. Workers Alleged Forced Resignations and Unfair Labour Practices; Court Framed Issues on Whether Industrial Court Could Consider Terminations Under Schedule II.

3 Jul 2019

(1) Background: The dispute arose from an industrial complaint filed by eleven workers against their employer, M/s Motherson Advanced Tooling Solution...

High Court

Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Rs. 8.67 Crores Based on Share Buyback Agreement — Triable Issues Raised Regarding Non-Performance of Conditions Precedent and Liability of Defendant. The court held that where the claim is for liquidated damages for breach of a buyback agreement, it may not be a liquidated demand under Order 37 CPC, and the defendant is entitled to unconditional leave to defend if triable issues are raised.

19 Oct 2005

The plaintiff, Niskalp Investments & Trading Company Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defen...

High Court

Bombay High Court Dismisses Petition Challenging Unconditional Leave to Defend in Summary Suit. Order XXXVII CPC Allows Unconditional Leave if Defendant Raises Triable Issues and Discloses Meritorious Defence.

3 Jul 2017

The petitioner, M/S Kuber Steel Traders, a partnership firm, filed a summary suit (Summary Suit No. 5 of 2015) against the respondent, M/s Yash Enterp...

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