Search Results for "Triable issues"

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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...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Triable issues"

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High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Plaint Discloses Cause of Action and Limitation Is a Triable Issue. The court held that under Order 7 Rule 11 CPC, only plaint averments are relevant and if they disclose a cause of action, the plaint cannot be rejected; limitation is a mixed question of law and fact.

30 Nov -0001

The applicant, Mr. Ajay Wadhwa, who was original defendant No.9 in the suit, filed a Notice of Motion seeking rejection of the plaint under Order 7 Ru...

High Court

Bombay High Court Allows Appeals Against Rejection of Winding Up Petitions Under Sections 433 and 434 of Companies Act, 1956 — Held That Disputed Debts Require Trial and Cannot Be Decided in Summary Proceedings. The court set aside the dismissal order and remanded for consideration of interim relief, directing the respondent to deposit the disputed amount or provide security.

7 Jan 2013

The appellants, Innovatherm GmbH and Electrification Charpente Levage SAS, filed winding up petitions under Sections 433 and 434 of the Companies Act,...

High Court

Bombay High Court Dismisses Revision Applications in Suit for Declaration and Injunction — Rejects Challenge to Order Refusing to Strike Out Pleadings Under Order 6 Rule 16 CPC. Court holds that disputed questions of title and possession cannot be decided in summary proceedings under Order 6 Rule 16 CPC and require trial.

19 Mar 2020

The case involves two civil revision applications filed by the defendants (applicants) against the order of the trial court dated 30.01.2019, which re...

High Court

Bombay High Court Dismisses Cross Writ Petitions Against Order Refusing to Reject Plaint in Commercial Suit — Dispute Over Nature of Agreements as Lease or Leave and Licence Requires Trial.

5 Apr 2024

The judgment concerns two cross writ petitions arising from a commercial suit. The petitioner, Siyaram Packaging Pvt. Ltd., filed Commercial Suit No.4...

High Court

Bombay High Court Dismisses Winding-Up Petition Against Guarantor Company Due to Bona Fide Dispute and Pendency of DRT Proceedings. Court Finds That Existence of Disputes Regarding Validity of Guarantee and Pending Recovery Proceedings Before DRT Render the Petition Not Maintainable Under Companies Act, 1956.

23 Jun 2016

The petitioner, SICOM Ltd., a financial institution, filed a winding-up petition against the respondent, Entertainment World Developers Pvt. Ltd., und...

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit for Unpaid Freight Charges Due to Triable Issues. Oral assurance of credit period and freight prepaid arrangement creates disputed questions of fact requiring trial under Order 37 CPC.

28 Jul 2011

The plaintiffs, IAL Logistics India, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against defendants Quantum Interna...

High Court

High Court of Karnataka Allows Appeal in Summary Suit for Recovery of Money — Defendant Granted Leave to Defend as Triable Issues Exist. The court set aside the decree and remanded the matter for trial, holding that the trial court erred in not granting leave to defend under Order 37 Rule 3(6)(a) CPC.

23 Aug 2023

This appeal by the defendant is directed against the judgment and decree dated January 25, 2010 in O.S. No. 15450/2005 passed by the XXVI Addl. City C...

High Court

Bombay High Court Allows Summons for Judgment in Container Lease Dispute — Defendant Fails to Raise Triable Issues. Plaintiff entitled to decree for unpaid replacement value of lost containers under Equipment Agreement dated 30th December 2002.

23 Aug 2012

The Plaintiff, Florens Containers Inc., filed a summary suit against the Defendant, M/s. Ornate Multimodal Carriers Pvt. Ltd., for recovery of US$ 58,...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit Based on Conducting Agreement — Triable Issues Raised Regarding Dishonour of Cheques and Breach of Contract. Court Held That Defendant Raised Triable Issues Including Whether Cheques Were Towards Security or Payment, and Whether Plaintiff Committed Breach of Contract Under Order 37 of Code of Civil Procedure, 1908.

24 Aug 2012

The plaintiff, Goculdas Dossa & Company, a registered partnership firm, filed a summary suit against the defendant, Kirtikumar Mulji Thakkar, sole pro...

High Court

Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan Amounts Based on Bills of Exchange. Disputed Questions of Fact Regarding Repayment and Interest Rates Require Trial Under Order XXXVII CPC.

9 Nov 2022

The judgment concerns two Commercial Summary Suits filed by a mother (Kavita G. Rajani) and her son (Gautam G. Rajani) against a common defendant, Sam...

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