Search Results for "res judicata not made out"

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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 "res judicata not made out"

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High Court

Bombay High Court Quashes Criminal Complaints Against Newspaper Publisher for Lack of Vicarious Liability Under Negotiable Instruments Act. Publisher Not Liable for Dishonour of Cheques Issued by Employees Without Authorisation.

30 Nov 2018

The petitioner, Lokmat Media Private Limited, a newspaper publishing company, filed multiple writ petitions under Article 226 of the Constitution of I...

High Court

Bombay High Court Upholds Landlord's Bonafide Need for Eviction but Modifies Decree to Partial Eviction in Rent Control Dispute. Landlord's need for expanding business and residence due to heart ailment considered bonafide, but tenant's hardship led to eviction from only one room.

23 Jul 2015

The case involves two writ petitions arising from eviction proceedings between Mohanlal Agrawal (landlord) and Navalkishor Kulwal (tenant) concerning ...

Supreme Court

Supreme Court Allows Partition Suit Appeal, Remands for Fresh Preliminary Decree — Co-sharer's Right to Partition Not Barred by Earlier Compromise or Subsequent Sales. The Court held that the right to partition is a continuing right and the suit was not barred by res judicata or compromise, and subsequent purchasers are bound by lis pendens under Section 52 of the Transfer of Property Act, 1882.

15 Jan 2020

The present appeals arise out of a suit for partition (Civil Suit No. 4406 of 2005) filed by the appellant, Rajinder Kaur, for partition of a property...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim — Negligence of Driver Not Established, Insurance Company Held Liable. Court enhances compensation from Rs.10,50,000 to Rs.15,00,000 under Section 173 of Motor Vehicles Act, 1988, applying res ipsa loquitur principle.

3 Feb 2026

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the appellants, who are the original claimants, challenging th...

High Court

High Court of Karnataka Allows Revision Petition for Release of Attached Property in Corruption Case — Legal Representatives Entitled to Property of Deceased Accused Under Section 457 Cr.P.C. The court held that property attached during trial cannot be retained indefinitely after the accused's death and must be released to legal representatives subject to conditions.

23 Aug 2019

The present revision petition was filed by the legal representatives of the deceased accused, S.T. Goudar, who was facing trial in Special Case (PCA) ...

High Court

Bombay High Court Dismisses Review Petition in Nariman Point Car Parking Project Case — No Error Apparent on Record. Review jurisdiction under Order 47 Rule 1 CPC is limited to errors apparent on the face of the record and cannot be used as an appeal.

6 Oct 2005

The petitioners, Nariman Point Association and another, filed a review petition under Article 226 of the Constitution read with Order 47 Rule 1 of the...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Impleadment in Testamentary Suit — Appellants Fail to Establish Caveatable Interest. The Court held that mere purchasers of property from a legatee under a Will, prior to grant of probate, cannot claim a caveatable interest in the probate proceedings as they are neither heirs nor legal representatives of the deceased.

11 Sep 2015

The appeal arises from a judgment and order dated 10th June 2013 passed by a learned Single Judge of the Bombay High Court, dismissing Chamber Summons...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Co-operative Bank Loan Dispute. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no grounds to interfere with arbitrator's decision on loan recovery under Multi-State Co-operative Societies Act, 2002.

18 Mar 2015

The petitioner, M/s. Maks Glass Corporation, challenged an arbitral award dated 24th April 2010 passed under Section 84 of the Multi-State Co-operativ...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Seeking Cancellation of Marriage Certificate by Mandamus — No Statutory Duty on Registrar to Cancel Certificate After Divorce Decree. The court held that a writ of mandamus cannot be issued in the absence of a statutory duty, and the marriage certificate is merely a record of the fact of marriage, not automatically cancellable upon divorce.

29 Apr 2026

The petitioner, Blinston Savio Fernandes, filed a Writ Petition under Article 226 of the Constitution of India before the High Court of Bombay at Goa,...

High Court

Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator Despite Pending Summary Suit — Arbitration Clause in MOU Survives Filing of Civil Suit Under Order XXXVII CPC. The court held that the mere filing of a summary suit does not bar the invocation of the arbitration clause, and the arbitrator can decide all disputes including allegations of coercion.

17 Mar 2017

The Petitioner, Cogent Enterprises Pvt. Ltd., filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking ap...

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