Search Results for "order allowing counter claim"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "order allowing counter claim"

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High Court

Bombay High Court Allows Counter-Claim in Civil Suit Under Order VIII Rule 6A CPC — Rejects Trial Court's View That Counter-Claim Must Be Filed Only After Written Statement. The court held that a counter-claim can be filed after written statement but before settlement of issues, and the trial court's rejection was erroneous.

15 Jun 2026

The petitioners, Mandar Suresh Bhatwadekar and Dr. Shrirang Arun Limaye, were defendants in two civil suits (RCS/2249/2019 and RCS/2248/2019) filed by...

Supreme Court

Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

12 Sep 2025

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...

High Court

Bombay High Court Dismisses Petition Challenging Trial Court's Order Allowing Counter-Claim in Property Suit. Amendment of Plaint After Issues Settled Constitutes Exceptional Circumstance Justifying Filing of Counter-Claim Under Order VIII Rule 6-A CPC.

28 Feb 2025

The petitioner, Vijaymala Sidling Doijad, filed a suit (Regular Civil Suit No.1056 of 2006) seeking injunction against the State of Maharashtra and th...

Supreme Court

Supreme Court Allows Wife's Appeal in Hindu Marriage Act Amendment Case, Permitting Counter-Claim for Declaration of Void Second Marriage. The Court held that delay in amendment application is not fatal under Order VI Rule 17 CPC when necessary to decide real controversy and avoid multiplicity of proceedings, and counter-claim for declaratory relief under Section 23A Hindu Marriage Act, 1955, is permissible in divorce petition.

7 Oct 2021

The dispute arose from a marriage solemnized on 1.3.1987 between the appellant-wife and respondent-husband under Hindu rites, with a child born on 3.5...

High Court

High Court of Karnataka Allows Appeal in Recovery Suit, Sets Aside Decree Due to Non-Production of Best Evidence. Adverse Inference Drawn Under Section 114(g) of Indian Evidence Act, 1872 Against Plaintiff Who Failed to Produce Written Agreement and Delivery Challans.

2 Dec 2019

The appellant, Karnataka State Agro Corn Products Ltd., a Government of Karnataka undertaking, was the defendant in a suit for recovery of money filed...

High Court

High Court of Bombay Dismisses Section 34 Petition Challenging Arbitral Award in Favor of Government of Israel in Commercial Lease Dispute. Arbitrator's Rejection of Set-Off and Counter-Claim as Time-Barred Upheld as Not Patently Illegal.

6 Sep 2019

The petitioner, Earnest Business Services Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging...

High Court

Bombay High Court Upholds Trial Court Order Allowing Counter Claim in Partition Suit — Order VIII Rule 6A CPC Permits Filing Before Expiry of Time for Defence. Counter claim filed after written statement but within time for delivering defence is maintainable under Order VIII Rule 6A CPC.

19 Jul 2017

The petitioners, Pradeep Kashinathrao Kalyankar and Sow. Pramila Pradeep Kalyankar, filed a Regular Civil Suit (RCS No. 136 of 2013) seeking a declara...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Contract Dispute — Upholds Award on Most Claims but Sets Aside Interest Rate. Dispute arose from delays in crude distribution system project; court held that arbitrator's findings on delay and damages were not perverse but interest rate of 18% was excessive and reduced to 9%.

30 Oct 2015

The petitioner, Indian Oil Corporation Ltd., challenged an arbitral award dated 30 June 2005 under Section 34 of the Arbitration and Conciliation Act,...

High Court

High Court of Bombay Dismisses Plaintiff's Suit Challenging Invocation of Counter Guarantee in Port Development Project. Court holds that fraud must be established against the beneficiary, not a third party, and that invocation of a counter guarantee is not fraudulent merely because the underlying contract is disputed.

5 Oct 2012

The plaintiff, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bidding Agreement (JBA), the Counter Guarantee, and its invoc...

High Court

Bombay High Court Allows Transfer of Patent Suit to High Court Under Section 104 of Patents Act, 1970 — Counterclaim for Revocation Mandates Transfer. The court held that upon filing a counterclaim for revocation of a patent, the suit must be transferred to the High Court, and the trial court cannot insist on payment of court fees before taking the counterclaim on record.

6 Jun 2011

The applicant, SERGI Transformers Explosion Prevention Technologies Private Limited, challenged the orders of the learned District Judge, Thane dated ...

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