Search Results for "negative averments"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "negative averments"

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High Court

High Court of Karnataka Allows Appeal in Municipal Election Dispute — Sets Aside Dismissal of Election Petition for Non-Prosecution. Restoration of Election Petition Granted as Tribunal Failed to Provide Sufficient Opportunity to Appellant Before Dismissal Under Section 21 of Karnataka Municipalities Act, 1964.

10 Mar 2015

The present appeal was filed under Section 27 of the Karnataka Municipalities Act, 1964, challenging the order dated 11.11.2013 passed by the Senior C...

High Court

Bombay High Court Dismisses Revision Against City Civil Court's Jurisdiction in Property Suit — Preliminary Issue on Jurisdiction Decided Against Applicant. Court holds that City Civil Court has jurisdiction to try suit for specific performance and injunction where property value exceeds its pecuniary limits but suit was transferred from High Court under Section 15 of Bombay City Civil Court Act, 1948.

21 Jan 2015

The case involves a Civil Revision Application filed by the original defendant (applicant) against an order dated 19th May 2014 passed by the learned ...

High Court

Bombay High Court Allows Second Appeal in Property Possession Dispute — Limitation for Execution of Decree Not a Bar to Fresh Suit for Possession Based on Title. The court held that the right to recover possession based on title is not extinguished merely because a previous decree for possession has become time-barred for execution under Article 136 of the Limitation Act, 1963.

6 Mar 2014

This second appeal arises from a property dispute between the appellants (original defendants) and the respondents (original plaintiffs). The responde...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

28 Aug 2013

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

High Court

Bombay High Court Revokes Leave Under Clause XII of Letters Patent Act in Suit for Recovery of Loan Facilities — Defendant No. 5's Application Allowed as No Cause of Action Arose Within Jurisdiction. Territorial Jurisdiction Under Clause XII of Letters Patent Act, 1866 Requires Cause of Action to Arise Within Court's Limits; Mere Registered Office of Plaintiff Insufficient.

4 Feb 2013

The Plaintiff, Future Corporate Resources Ltd., filed a suit in the Bombay High Court for recovery of short-term loan facilities advanced to Defendant...

High Court

Bombay High Court Dismisses Application to Revoke Leave Granted Under Clause XII of Letters Patent Act, 1866 in Commercial Suit for Loan Recovery. Execution of Assignment Deed in Mumbai Constitutes Part of Cause of Action, Sufficient to Maintain Suit.

4 Feb 2013

The Plaintiff, PIL Industries Limited, a company registered in Mumbai, filed a suit against Deccan Chronicle Holdings Ltd. (Defendant No.1) and others...

High Court

Bombay High Court Dismisses Husband's Divorce Appeal in Cruelty Case — Allegations of Suspicion and Quarrels Not Sufficient to Prove Cruelty Under Hindu Marriage Act. Court holds that isolated incidents of quarrels and suspicion without corroboration do not constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

14 Oct 2011

The appellant husband filed a divorce petition under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, against the respondent wife in t...

High Court

Bombay High Court Dismisses Application to Strike Out Pleadings in Election Petition Alleging Non-Disclosure of Assets and Criminal Cases. Court holds that allegations of suppression of material information in election affidavits constitute triable issues under Section 100(1)(d)(i) and (iv) of the Representation of People Act, 1951 and cannot be struck out at preliminary stage.

17 Feb 2011

The Bombay High Court dismissed an application filed by the original respondent (the elected candidate) seeking to strike out paragraphs 12 to 18 of t...

High Court

Bombay High Court Allows Second Appeal in Succession Dispute Over Muslim Property — Appellants' Claim to Inherit as Heirs of Deceased Upheld. Court held that the trial court and first appellate court erred in dismissing the suit for partition and possession without properly considering the evidence of relationship and the applicability of Muslim personal law.

30 Nov -0001

The case involves two second appeals arising from a suit for partition and possession filed by the appellants, who claimed to be the legal heirs of th...

Tribunals

NCLAT Larger Bench Holds Shareholder/Promoter is an 'Aggrieved Person' Under Section 61 IBC and Has Locus to Challenge Section 7 Admission Order. The reference resolves conflicting views on maintainability of appeal by shareholder against admission of insolvency petition.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT) Chennai Bench, in a larger bench of three members, addressed a reference question: whether a share...

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