Search Results for "plaintiff's assertion"

829 result(s) found

Scroll Down To Discover

Found 829 result(s)

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Appeal by Electricity Company in Lease Dispute, Upholds Decree for Possession. Lease Terminated by Efflux of Time and Notice Under Section 106 of Transfer of Property Act, 1882, Suit Filed Within Limitation Under Article 67 of Limitation Act, 1963.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the Maharashtra Rajya Veej Vitaran Company (appella...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Review Application in Second Appeal for Failure to Frame Substantial Question of Law — Error Not Apparent on Record. Non-formulation of substantial question of law under Section 100(4) CPC is a procedural irregularity correctable in appeal, not review under Section 114 CPC.

The applicants, Park View Cooperative Housing Society Ltd. and Vinayak Narayan Ghatate, were the respondents in Second Appeal No.110/2011 before the B...

© Image Copyrights Juris Services & Technology

Bombay High Court at Goa Dismisses Union of India's Petition Challenging Discovery Order in Coast Guard Collision Suit. Order for Inspection of Documents Under Order XI CPC Upheld as Not Violative of Sovereign Immunity.

The judgment arises from a writ petition filed by the Union of India and the Indian Coast Guard challenging an order dated 08.04.2024 passed by the Di...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Appointment of Arbitrator in Insurance Dispute Despite Insurer's Denial of Liability. Arbitration Clause in Comprehensive Mega Risks Insurance Policy Held to Survive Repudiation of Claim.

The applicant, Essar Steel India Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an ...

© Image Copyrights Juris Services & Technology

High Court Allows Appeal in Arbitration Case, Restoring Arbitral Award Set Aside by Single Judge. Limited Judicial Review Under Section 34 of Arbitration and Conciliation Act, 1996 Precludes Re-appreciation of Evidence Unless Award Shocks Conscience or Conflicts with Public Policy.

The dispute arose between Appellant, a foreign company manufacturing biscuits in Zimbabwe, and Respondent, an Indian partnership firm, regarding the s...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Quashes Land Grabbing Proceedings Against Petitioners for Lack of Jurisdiction of Special Court — Land Grabbing Complaint Filed by Forest Officer Not Maintainable as Dispute Pertains to Private Land Not Notified as Government Land.

The petitioners, four individuals, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Petition Challenging Re-Development Agreement and Bye-Law Amendments in Co-operative Housing Society. Court Holds That Re-Development Agreement and Bye-Law Amendments Without General Body Approval Are Void Under Maharashtra Co-operative Societies Act, 1960.

The petitioner, B. K. Corporation, an association of persons, filed a writ petition challenging the validity of a re-development agreement and bye-law...

© Image Copyrights Juris Services & Technology

Gujarat High Court Quashes FIR in Property Dispute Case Due to Civil Nature of Dispute and Lack of Criminal Intent. The court held that where the dispute is essentially civil, criminal proceedings cannot be allowed to continue as it would amount to abuse of process of law under Section 482 CrPC.

The judgment pertains to a criminal miscellaneous application filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR...