Search Results for "defendant's right"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "defendant's right"

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High Court

Bombay High Court Hears Appeal Against Company Law Board Order Dismissing Petition. Court Frames Questions on Applicability of Section 111A and Section 43A of Companies Act, 1956 to Deemed Public Company.

14 Jun 2011

The appeal arose from a company petition filed by the appellants, members of the Kavasmaneck family, before the Company Law Board, Mumbai, alleging op...

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 ...

High Court

Court Considers Maintainability of Commercial Appeal in Summary Suit Under Commercial Courts Act — Order on Summons for Judgment Challenged as 'Judgment' Under Section 13(1A). Transitional Provisions and Assignment Orders Examined for Pending Suits Transferred to Commercial Division.

24 Oct 2016

The Commercial Appeal arose from an order passed by a learned Single Judge of the Commercial Division of the Bombay High Court in Summons for Judgment...

Supreme Court

Supreme Court Interprets Applicability of Written Statement Time Limit to Counter-Claim in Commercial Suits. The Court Examined Whether the 120-Day Limit Under Order VIII Rule 1 CPC Applies to Plaintiffs' Reply to Counter-Claims Governed by the Commercial Courts Act, 2015.

19 Jul 2026

This matter arose from a commercial suit for recovery of money filed by the appellants (plaintiffs) against the respondents (defendants). The defendan...

High Court

Bombay High Court Allows Revision Against Injunction Order in Property Dispute — Defendant's Possession Not Proved, But Balance of Convenience Favors Status Quo. The court held that the plaintiff failed to establish a prima facie case for temporary injunction under Order 39 Rules 1 and 2 CPC, as the defendant was in possession and had constructed a structure, and the plaintiff did not produce documentary evidence of title or possession.

13 Oct 2010

The case involves a civil revision application filed by the defendant, Pandurang Sakharam Patil, challenging the judgment and order dated 3rd December...

High Court

Bombay High Court Dismisses Appeal Against Decree Declaring Plaintiffs' Ownership of 3/4th Share in Suit Property. Agreements Executed by Co-Owners Held Not Binding on Plaintiffs' Undivided Share Under Transfer of Property Act, 1882.

25 Oct 2013

The appeal arises from a judgment and order dated 21 August 2003 passed by the Joint Civil Judge Senior Division, Pune, in Special Civil Suit No.2107 ...

Supreme Court

Supreme Court Hears Appeal Against High Court's Dismissal of LPA in Land Possession Suit Involving Co-operative Society Charge – Re-conveyance Dispute. Civil appeal arises from High Court's affirmation of Single Judge's setting aside of trial court's decree of possession based on interpretation of Sections 47 and 48 of the Maharashtra Co-operative Societies Act, 1960, and the effect of subsequent release of society's charge.

26 Jul 2026

The dispute pertained to agricultural land in Maharashtra that was ancestral property of the original plaintiff. The plaintiff had obtained a loan fro...

High Court

Bombay High Court Dismisses Summary Judgment Application by ITC in Copyright and Passing Off Suit — Plaintiff's Claims Not Frivolous or Vexatious, Require Trial. The court held that the test for summary judgment under Order XIII-A CPC is stringent and that triable issues existed regarding copyright subsistence and passing off.

11 Jan 2022

The present Interim Application was filed by the Defendant, Indian Tobacco Company (ITC), seeking dismissal of the Plaintiff's claims for copyright in...

High Court

Bombay High Court Dismisses Appeal in Summary Suit — Defendant's Vague Defence of Security Cheques Not a Triable Issue. The court upheld the decree for Rs.61,00,000/- with interest under Order 37 CPC, as the defendant failed to disclose a plausible defence.

16 Jul 2012

The respondent/plaintiff, Pravin Hiralal Shah, filed a summary suit against the appellant/defendant, Rajesh Laxmichand Udeshi @Bhatia, for recovery of...

High Court

Bombay High Court Dismisses Injunction Application in Share Transfer Dispute — Agreement for Sale of Shares Not Enforceable as Contract for Sale of Shares, Not Specific Performance of Immovable Property. Court holds that agreement for transfer of shares is a contract for sale of goods and not for specific performance of immovable property, and plaintiff failed to show readiness and willingness.

8 Dec 2014

The plaintiff, Swaran Salaria & Associates, filed a suit for specific performance of an agreement dated 22 November 2007 with the first defendant, Him...

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