Search Results for "notice under CPC"

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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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Search Results for "notice under CPC"

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High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in GIDC Act Suit — Statutory Notice Under Section 52A Not Required for Suit Filed After Cause of Action. The court held that Section 52A of the Goa Industrial Development Act, 1965 does not bar the institution of a suit but only restricts interim relief, and since notice was already served, the plaint cannot be rejected.

7 Sep 2023

The Goa Industrial Development Corporation (GIDC) filed a Civil Revision Application under Section 115 CPC challenging the trial court's order dated 2...

High Court

Bombay High Court Allows Appeals Against Rejection of Plaint in Copyright and Trade Mark Infringement Suit - Cooperative Sugar Factory's Suit for Infringement of Label Design and Trade Mark 'Bhingari Santra' Held Not Barred by Limitation or Res Judicata.

22 Sep 2015

The appellant, a cooperative sugar factory, filed two suits in the District Court seeking relief for infringement of its copyright and trade mark in t...

High Court

High Court of Karnataka Dismisses Second Appeal in Inam Land Dispute, Upholding Concurrent Findings of Possession and Title. Suit for Declaration and Injunction Succeeds as Plaintiffs Prove Their Father Was Granted Inam Land and They Are in Possession.

14 Aug 2020

The case involves a second appeal filed by the defendants (appellants) against the concurrent judgments of the Trial Court and First Appellate Court d...

High Court

High Court of Karnataka Dismisses Petition for Correction of Decree After 17 Years — Amendment Sought to Change Survey Number in Judgment and Decree Rejected as Barred by Res Judicata and Lack of Jurisdiction Under Section 152 CPC. The court held that the correction of a clerical error under Section 152 CPC cannot be used to alter the subject matter of a suit that has been finally adjudicated.

6 Sep 2018

The petitioner, Parashuram, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 30.08.2016 passed by the ...

High Court

High Court of Karnataka Allows Amendment of Written Statement in SFC Act Recovery Proceedings — Petitioner Allowed to Raise Additional Defence of Limitation and Discharge. Pre-trial amendment under Order VI Rule 17 CPC should be liberally allowed as no prejudice is caused to the opposite party that cannot be compensated by costs.

29 May 2017

The petitioner, Suryakant M. Bichkunde, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 21.0...

High Court

Bombay High Court Holds Letters Patent Appeal Maintainable Against Single Judge's Judgment in Land Acquisition Appeal Despite Section 100-A CPC Amendment. The Court ruled that the amendment to Section 100-A CPC does not apply retrospectively to land acquisition proceedings initiated before 1.7.2002, and the Letters Patent power remains intact.

1 Feb 2018

The appellants, Mohanlal Chandmal Phafat and Manoharlal s/o Chandmal Phafat, owned land in village Adgaon Khurd, Akola. The State of Maharashtra issue...

High Court

Bombay High Court Allows Restoration of Land Acquisition Reference Dismissed for Default Despite Merits Decision. Order IX Rule 9 CPC Application Maintainable When Reference Court Decides Case on Merits in Absence of Applicant.

2 Feb 2015

The petitioner, Arvind Vyankatrao Tarar, was the original applicant in Land Acquisition Case No. 19 of 2001 pending before the Reference Court under S...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Club Membership Dispute Under MPT Act. The court held that the Trial Judge must examine whether the reliefs sought fall under Section 50 of the Maharashtra Public Trusts Act, 1950, before rejecting the plaint for want of prior consent of the Charity Commissioner.

12 Jun 2017

The appellant, Rajesh Chunilal Meghani, filed a civil suit (Suit No. 3602 of 2015) in the City Civil Court at Bombay against The Andheri Recreation Cl...

High Court

Bombay High Court Allows Appeal in Arbitration Reference Case — Leave to Defend Application Not a First Statement on Substance of Dispute. Filing of application for leave to defend under Order 37 CPC does not constitute submission of first statement on substance of dispute, and application under Section 8 of Arbitration and Conciliation Act, 1996 filed before written statement is within time.

9 Apr 2018

The appellant, Haier Telecom (India) Pvt. Ltd., was the defendant in a summary suit filed by the respondent, Drive India Enterprise Solutions Ltd., fo...

High Court

Bombay High Court Allows Amendment of Written Statement in Commercial Suit — Defendant No. 7 Permitted to Amend Pleadings to Include Additional Grounds of Defence. Amendment Sought to Add Facts Regarding Execution of Agreement and Payment of Consideration, Held Not to Cause Prejudice to Plaintiff as Trial Not Yet Commenced.

30 Nov -0001

The present interim application was filed by defendant no.7, Ganesh Lakhaji Chudasama, seeking amendment of his written statement in a commercial suit...

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