Search Results for "unconditional leave"

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Search Results for "unconditional leave"

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Supreme Court

Supreme Court Quashes Unilateral Assignment of Leasehold Rights – Res Judicata Bars Fresh Application Without Resolving Legal Complications. Finality of Quasi-Judicial Orders Upheld – Liberty to Reapply Only After Civil Court Resolution

1 Apr 2025

Res Judicata Applicability – Principles of res judicata apply to quasi-judicial authorities. A Competent Authority’s findings bind parties unle...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

Supreme Court

Supreme Court Dismisses Contempt Petition for Alleged Wilful Disobedience of Order to Vacate Premises — Failure to File Undertaking and Pay Dues Not Contempt as Substantive Compliance Achieved.

6 May 2020

The contempt petition was filed by Hukum Chand Deswal (petitioner) against Satish Raj Deswal (respondent) alleging wilful disobedience of the Supreme ...

High Court

Bombay High Court Allows Appeal Against Conditional Leave to Defend in Commercial Summary Suit Based on Dishonoured Cheque — Reduces Deposit Amount from Full Cheque Value to 50%. The court held that a triable defence of blank cheque issuance warrants a less onerous condition for leave to defend under Order 37 CPC and Commercial Courts Act, 2015.

11 Jun 2018

The case arises from a Commercial Summary Suit filed by the respondent/plaintiff (Motilal Laxmichand Salecha HUF) against the appellant/defendant (Mou...

High Court

Bombay High Court Dismisses Writ Petition Challenging Sales Tax Assessment Orders Due to Availability of Alternative Remedy. Petitioners Failed to Show Exceptional Circumstances to Bypass Statutory Remedy of Reference Under Section 61(1) of Bombay Sales Tax Act, 1959.

20 Jan 2015

The petitioners, Tata Sons Limited and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court chal...

High Court

Bombay High Court Convicts Contemners for Criminal Contempt for Scandalizing Judge in Civil Application. Use of words 'malpractices' and 'false statement' against a Judge held to be criminal contempt under Section 2(c) of Contempt of Courts Act, 1971; contemners released on probation under Probation of Offenders Act, 1958.

3 Jun 2011

The High Court of Bombay initiated suo motu contempt proceedings against Shri Dattatray Narayan Samant (contemner No.1) and his advocate Shri C.S. Jos...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff Partnership Firm in Suit for Recovery of Outstanding Amounts Under Order XXXVII CPC. Defendant's Application for Leave to Defend Rejected Due to Lack of Triable Issues and Failure to Disclose Substantial Defense.

6 May 2010

The plaintiff, Harilal & Co., a partnership firm registered under the Indian Partnership Act, 1932, filed Summary Suit No.3037 of 2007 in the Bombay H...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff Sub-Contractor for Unpaid Construction Work. Court holds that defendant's denial of liability is not bona fide and raises no triable issue under Order 37 of the Code of Civil Procedure, 1908.

6 May 2010

The plaintiff, Jolly Constructions, a registered partnership firm acting as a sub-contractor, filed a summary suit under Order 37 of the Code of Civil...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Recovery of Goods Sold — Defendant Denies Proprietorship and Receipt of Goods. The court held that the defendant raised triable issues under Order 37 CPC, entitling him to unconditional leave to defend.

15 Dec 2005

The plaintiff, Mrs. Neelam M. Gurdasani, filed a summary suit against the defendant, Mr. Vimalbhai, for recovery of Rs. 85,500/- with future interest ...

High Court

Bombay High Court Dismisses Cross Petitions Against Co-operative Appellate Court Order in Recovery Dispute Between State-Owned Corporation and Co-operative Bank. Court Upholds Concurrent Findings on Liability and Interest, Holding That Co-operative Court Has Jurisdiction Over Recovery Claims Under Maharashtra Co-operative Societies Act, 1960.

8 Feb 2005

The judgment arises from two cross writ petitions challenging an order of the Maharashtra State Co-operative Appellate Court dated 28.9.2004 in Revisi...

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