Search Results for "interlocutory appeals"

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Supreme Court Sets Aside High Court Order Permitting Recall and Reopening of Evidence in Civil Suit Due to Impermissible Filling of Lacunae. Recalling Witness Under Order XVIII Rule 17 CPC Cannot Be Used to Adduce Additional Evidence After Deletion of Rule 17A, Especially When Prior Admissions Exist.

The dispute arose from a civil suit filed in 2010 seeking declaration of ownership and permanent injunction over certain properties. The appellant, de...

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Bombay High Court Allows Appeal Holding Order Under Section 73A Not Appealable Under Section 70 of Mumbai Public Trust Act. Intervention Order Under Section 73A Is Interlocutory and Not a Final Order Under Section 22, Hence No Appeal Lies Under Section 70.

The appellant, a registered reporting trustee of a public trust, filed a change report under Section 22 of the Mumbai Public Trust Act, 1950. The resp...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act Against Interim Order in IPL Franchise Dispute. Court finds no misrepresentation in bid process and upholds arbitrator's order granting interim measures while imposing conditions on franchisee to protect BCCI's interests.

Background: The dispute arose from the Indian Premier League (IPL) franchise agreement between the Board of Control for Cricket in India (BCCI) and Ja...

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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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Supreme Court Allows Homebuyers' Appeal Against NCDRC Order Adjourning Consumer Complaint Sine Die; Moratorium Under Section 14 IBC Does Not Extend to Non-Corporate Debtor Respondents. Proceedings Against Directors, Promoters, and Landowners Can Continue Independently During CIRP of Developer.

The dispute arose from a consumer complaint filed by homebuyers (appellants) against Mantri Technology Constellations Pvt. Ltd. (Respondent No. 1) and...