Search Results for "suit time-barred"

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Search Results for "suit time-barred"

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Supreme Court

Supreme Court Dismisses Appeal in Cooperative Society Redevelopment Case on Jurisdiction and Limitation Grounds. Civil Court Maintainability Upheld Under Section 91 of Maharashtra Cooperative Societies Act, 1960, and Suit Found Within Limitation with Possible Section 14 Benefit.

25 Apr 2025

The dispute arose from a redevelopment project involving a Cooperative Society registered under the Maharashtra Cooperative Societies Act, 1960. The r...

High Court

Bombay High Court Dismisses Tenant's Revision in Rent Control Eviction Case — Irregular Deposit of Rent Under Section 15(3) of Maharashtra Rent Control Act, 1999 Does Not Bar Eviction. Tenant's failure to deposit rent regularly despite court order justified decree for possession.

27 Jun 2024

The case involves a dispute between the landlord (respondent) and the tenant (applicant) over eviction from a flat in Mumbai. The landlord filed a sui...

Supreme Court

Supreme Court Dismisses Plaintiffs in Property Declaration Suit Due to Omission of Possession Relief. Suit for Declaration and Injunction Held Not Maintainable Under Section 34 of Specific Relief Act, 1963 as Plaintiff, Not in Possession, Failed to Seek Further Relief of Possession.

25 Nov 2021

The dispute originated from a suit filed in 1987 by Arakeri Abbaiah, the original plaintiff, seeking declaration of ownership and permanent injunction...

Supreme Court

Supreme Court Dismisses Appeal in Execution of Foreign Decree Case, Holding Limitation Period of 12 Years Runs from Date of Foreign Decree. Bank of Baroda's Execution Petition Filed 14 Years After London Decree Held Time-Barred Under Article 136 of Limitation Act, 1963.

1 Jan 2020

The case involves a dispute between Bank of Baroda (appellant) and Kotak Mahindra Bank Ltd. (respondent, successor of Vysya Bank) regarding the limita...

Supreme Court

Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

19 Nov 2019

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

Supreme Court

Supreme Court Hears Reference on Interpretation of Section 9A CPC (Maharashtra Amendment) — Jurisdiction Includes Limitation. The court examines whether the expression 'jurisdiction of the Court to entertain such suit' under Section 9A includes the issue of limitation, doubting the correctness of Foreshore Cooperative Housing Society v. Praveen D. Desai.

4 Oct 2019

The Supreme Court considered a reference made by a Division Bench doubting the correctness of the decision in Foreshore Cooperative Housing Society Li...

High Court

Bombay High Court Dismisses Appeals by Electricity Board Against MSEFC Awards Due to Limitation — Limitation Period Under Section 34 of Arbitration Act Applies to MSMED Act Awards. Delay of 120 days cannot be condoned as per Section 34(3) proviso, and no sufficient cause was shown for the delay in filing the applications to set aside the awards.

27 Aug 2018

The case involves nine commercial appeals filed by various micro and small enterprises (appellants) against the Maharashtra State Electricity Distribu...

High Court

Bombay High Court Grants Leave to Combine Causes of Action for Trademark Infringement and Passing Off Under Clause XIV of Letters Patent. Court Holds That Discovery at Preliminary Stage Is Limited to Documents Relevant to Preliminary Issues Under Section 9A CPC.

13 Feb 2014

The Petitioner, SabMiller India Ltd., filed a suit for perpetual injunction against M.P. Beer Products Pvt. Ltd. for infringement of its registered tr...

High Court

Bombay High Court Grants Leave Under Clause XIV Letters Patent to Combine Passing Off with Infringement Cause of Action to Avoid Multiplicity of Proceedings. The court held that once jurisdiction over infringement is established, leave to combine passing off claim should be granted to avoid multiplicity of proceedings.

18 Jan 2014

The Plaintiffs, UltraTech Cement Limited and Another, filed a suit for infringement of their registered trademarks, including 'UltraTech Cement', and ...

High Court

Bombay High Court Partly Allows Tenant's Petition Challenging Eviction Decree Under Maharashtra Rent Act, 1999 — Notice Under Section 15 Held Valid Despite Inclusion of Time-Barred Rent Claim, but Eviction on Bonafide Need Set Aside as Landlord Gave Up That Ground.

15 Oct 2010

The petitioner, a tenant, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the judgment and order dated 27/4/...

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