Search Results for "mis-joinder"

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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...
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Search Results for "mis-joinder"

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High Court

Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

24 Feb 2026

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

High Court

Supreme Court Modifies Conviction from Section 364A IPC to Section 363 IPC in Kidnapping for Ransom Case Due to Insufficient Proof of Threat to Cause Death or Grievous Hurt. Long Incarceration Considered as Mitigating Factor for Sentence Reduction.

2 Sep 2024

The case pertains to the kidnapping of a 14-year-old boy, Harsh Sobti (PW-21), son of Dr. H.K. Sobti (PW-20), on 15.02.2000. The appellants were convi...

Supreme Court

Supreme Court Modifies Conviction of Accused in Kidnapping Case from Section 364A to Section 363 IPC Due to Insufficient Evidence of Death Threat. The Court found that the prosecution failed to prove the essential ingredient of threat to cause death or hurt under Section 364A of the Indian Penal Code, 1860, leading to a reduction in the severity of the offence.

1 Mar 2023

The Supreme Court addressed appeals by five accused persons whose convictions under Sections 148, 149, and 364A of the Indian Penal Code, 1860, for ki...

Supreme Court

Supreme Court Quashes High Court Order for De Novo Trial in Gang Rape and Abetment of Suicide Case - Separate Trials for Different FIRs Upheld. The High Court's direction to club trials under Section 223 CrPC and order fresh proceedings was set aside as the offences arose from distinct FIRs with separate investigation histories.

8 Oct 2021

The appeals arose from a High Court judgment that remitted orders of acquittal and conviction from two separate FIRs for fresh trial and directed club...

High Court

Bombay High Court Allows Revision Application in Rent Control Matter — Tenant's Subletting and Denial of Title Not Proved. Held that mere use of premises by family members does not constitute subletting under Section 15 of the Maharashtra Rent Control Act, 1999, and denial of landlord's title must be unequivocal and in good faith.

5 Feb 2018

The case involves a civil revision application filed by the legal heirs of the original tenant, Mangilal Mishrimal Bafna, against the respondents, who...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Upheld. No substantial question of law found under Section 100 CPC, as courts below correctly decreed possession and mesne profits under Order XX Rule 12 CPC.

17 Oct 2016

The case arises from a suit for possession and mesne profits filed by the original plaintiff (now represented by respondents) against the original def...

High Court

Bombay High Court Allows Amendment of Written Statement to Add Legal Submission on Non-Joinder of Necessary Party in Copyright Infringement Suit. The court permitted the defendant to amend its written statement to raise a legal submission that the suit is bad for non-joinder of a necessary party, based on facts already pleaded.

24 Sep 2014

The case involves a Chamber Summons filed by the defendant in a copyright infringement suit seeking to amend its written statement. The plaintiff, Ult...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Patent Infringement Suit — Director's Authority to Sue Not Barred by Absence of Board Resolution at Plaint Stage. The court held that Order 29 Rule 1 CPC allows a director to sign and verify pleadings, and the absence of a board resolution is not a ground for rejection under Order 7 Rule 11(d) CPC.

2 Sep 2014

The appellant, M/s. Alcon Electronics Pvt. Ltd., filed a suit against the respondent, Celem S.A., in the District Court at Nashik seeking a declaratio...

High Court

High Court of Karnataka Quashes Order Returning Plaint in Suit for Possession and Mesne Profits — Held That Court Fee Valuation Determines Jurisdiction, Not Market Value of Property. Dispute pertained to suit for possession and mesne profits where trial court ordered return of plaint for lack of pecuniary jurisdiction based on market value, but High Court held that under Section 7(v) of the Karnataka Court Fees and Suits Valuation Act, 1958, court fee is payable on the amount claimed as mesne profits, and jurisdiction is determined by that valuation.

7 Mar 2014

The judgment arises from three writ petitions filed by the defendants (M/s Vasudeva Rao & Sons and its partner) challenging a common order dated 12.3....

High Court

Bombay High Court Dismisses Petition Challenging Trial Court Order Refusing Deletion of Parties in Suit for Declaration and Injunction — Misjoinder of Parties and Causes of Action Not Established. The court held that the presence of defendants 6 to 8 was necessary for complete adjudication of the dispute relating to partnership property and family settlement under Order I Rule 10 CPC.

25 Oct 2013

The petitioners, defendants 1 to 4 in Special Civil Suit No. 2 of 2012, filed a writ petition challenging the trial court's order dated 18 April 2012,...

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