Search Results for "infructuous relief"

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Bombay High Court Dismisses Appeal in Partition Suit — Upholds Trial Court's Refusal to Amend Plaint After 14 Years. Amendment Sought to Introduce New Case of Fraud and Collusion Rejected as Barred by Limitation and Laches.

The appeal arose from a suit for partition and declaration filed by the appellant, Minakshi Mahendra Pitroda, against the respondents. The suit proper...

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Bombay High Court Grants Interim Injunction Restraining Bank from Enforcing Guarantee and Pledge Against Company Pending Company Law Board Proceedings. Alleged Fraudulent Assumption of Liability by Directors Without Shareholder Consent Raises Serious Questions to be Tried.

The applicant, Rajinder Kumar Malhotra, filed an application in a pending company appeal seeking an interim injunction to restrain HDFC Bank from reco...

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Bombay High Court Hears Interim Application in Suit for Cancellation of Lease Modification Deeds. Application Seeks Injunction Against Construction and Alienation of Cooperative Society Property.

The matter involved a cooperative housing society and its lessee/assignee concerning a perpetual lease on a portion of land. The plaintiff, Usha Sunde...

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

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High Court of Karnataka Rules Petition Challenging Vires of Amending Act Not Rendered Infructuous Despite Subsequent Amendment; Restitution Claim Keeps Issue Alive. Court Examines Validity of Tax on Electricity Charges Under Karnataka Electricity (Taxation on Consumption) Act, 1959.

(1) Background: The writ petitions were filed by several companies (textile mills, etc.) and the Federation of Karnataka Chambers of Commerce and Indu...