Search Results for "earlier suits"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "earlier suits"

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High Court

Bombay High Court Dismisses Interim Application in Defamation Suit for Lack of Jurisdiction Without Clause 12 Leave. Section 19 CPC Requires Defamation Suit to Be Filed Where Defamation Occurred, Not Where Reputation Is Harmed.

16 Oct 2025

The plaintiff, Sameer Gulamnabi Kazi, Chairman of Maharashtra State Board of Waqf, filed a defamation suit against defendants alleging defamatory vide...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case: Order II Rule 2 CPC Bar Applies to Subsequent Suit for Specific Performance When Relief of Permanent Injunction Was Sought in Previous Suit. The Court held that the plaintiff's entitlement to seek specific performance existed at the time of the first suit, and failure to include it bars the second suit under Order II Rule 2 CPC.

17 Jan 2025

The dispute arose from an agreement for sale dated 24.01.2007 between M/s Chemplast Cuddalore Vinyls Limited (respondent no.1/original plaintiff) and ...

Supreme Court

Supreme Court Allows State's Appeal in Land Title Dispute, Holds Res Judicata Not Applicable to Findings in Dismissed Suits. The State was not required to appeal findings in suits dismissed against it, and such findings do not bar the State from contesting the same issue in a related suit where a decree was passed against it.

9 Aug 2019

The Supreme Court considered appeals against a High Court order that dismissed the State's appeal in a land title dispute on grounds of res judicata. ...

High Court

Bombay High Court Allows Defendants to File Written Statement Beyond 120 Days in Pre-2015 Commercial Suit. Mandatory timeline under Commercial Courts Act, 2015 does not apply retrospectively to suits filed before the Act and transferred to Commercial Division.

24 May 2019

The Bombay High Court addressed a preliminary legal question in a Notice of Motion arising from a Commercial Suit. The suit was originally filed in 20...

High Court

Bombay High Court Dismisses Suit for Declaration and Injunction in Share Dispute Due to Limitation and Lack of Urgency. Plaintiff's claim for declaration of share ownership and rectification of register barred by limitation under Article 58 of Limitation Act, 1963 as cause of action arose in 1998 but suit filed in 2008.

16 Mar 2017

The plaintiff, Messer Holdings Limited, a company incorporated in British Virgin Islands, filed a suit in 2008 seeking a declaration that it is the ow...

High Court

Bombay High Court Allows Transfer of Suits in Trademark Dispute from Kopargaon to Nagpur for Convenience of Parties and Witnesses. The court held that the balance of convenience favors transfer under Section 24 CPC where all parties and witnesses are based in Nagpur and the subject matter is connected to Nagpur.

7 May 2013

The judgment concerns two Misc. Civil Applications filed by Nagpur Distillers Pvt. Ltd. and Vidarbha Distillers seeking transfer of three suits (Suit ...

High Court

Bombay High Court Overrules Earlier View on Small Cause Court Jurisdiction — Holds That Investment Under Section 28 of Bombay Civil Courts Act, 1869 Does Not Confer Unlimited Pecuniary Jurisdiction. The court ruled that the pecuniary ceiling under Section 26 of the Provincial Small Cause Courts Act, 1887 applies to courts invested with small cause powers under Section 28 of the 1869 Act, overruling Salimkhan v. Mohammad Ibrahimkhan.

5 Oct 2010

The case arose from a reference by a learned Single Judge (Shri B.P. Dharmadhikari, J.) who disagreed with an earlier decision in Salimkhan v. Mohamma...

High Court

Bombay High Court Dismisses Landlords' Petition Challenging Small Causes Court's Power to Grant Injunction in Landlord-Tenant Dispute. Small Causes Court Has Jurisdiction Under Section 26 of Provincial Small Causes Court Act, 1887 to Grant Temporary Injunction Even When Third Party Claims Tenancy.

19 Dec 2005

The case involves a writ petition filed by the landlords, Subhash s/o Stnarayan Joshi and another, challenging orders of the Small Causes Court and th...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Impleadment of Co-owners in Suit for Possession. Order 1 Rule 10 CPC Allows Addition of Parties with Direct Interest in Subject Matter to Avoid Multiplicity of Suits.

12 Dec 2005

The petitioners, Sitaram Deorao Pawar and Totaram Deorao Pawar, filed two separate writ petitions challenging an order dated 6/11/2003 passed by the J...

High Court

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Specific Performance — Agreement to Sell Not Proved as Execution and Attestation Were Not Established. The Court Held That the Plaintiff Failed to Discharge the Burden of Proof Under Section 16(c) of the Specific Relief Act, 1963 and Section 68 of the Evidence Act, 1872.

30 Nov -0001

The petitioner, Jayprakash Sitaram Goel, filed a suit for specific performance of an agreement to sell dated 1st May 1995 and for permanent injunction...

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