Search Results for "Counter-claim"

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High Court of Bombay Quashes District Court Judgment, Restores Arbitration Challenge for Fresh Consideration on Grounds of Patent Illegality and Failure to Address Key Contentions. Arbitration Award Set Aside for Reconsideration Under Section 34 of the Arbitration and Conciliation Act, 1996

Scope of Section 34: The Court held that while the scope of interference under Section 34 is limited, the District Judge must consider specific chal...

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Counter-Claim Application Filed at a Belated Stage Rejected — Application for Counter-Claim After Framing of Issues and Recording of Evidence Not Permissible — Exceptional Circumstances Not Established

Counter-claims must generally be filed before the framing of issues; exceptional circumstances allowing later filing were absent in this case. Judici...

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"Admissibility of Counter-claims and Jurisdiction: High Court Quashes Trial Court Order" "Upholding jurisdictional boundaries and procedural precision in civil litigation."

1. Background of the Case: Petitioner: Filed a suit for specific performance of contract. Respondent: Filed a counter-claim asserting possession a...

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Case on Pre-emption Rights in Hindu Succession for Co-Heirs and Application of Hindu Succession Act, 1956. A detailed analysis of the right of pre-emption among Class I heirs, testamentary succession, and limitations under Hindu Succession Act, 1956, with reference to family property and co-heir rights.

This case examines the right of pre-emption among Class I heirs in Hindu succession when property devolves upon them. The appellants, heirs of Sushila...

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Legal Battle Over Mumbai Plot and Ground-Based Tower. Dispute Centers on License Agreement, Demolition Costs, and Jurisdictional Authority

The case revolves around a dispute between the Plaintiffs and Defendant regarding a leave and license agreement for a 250-square-foot plot in Mumbai. ...

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Supreme Court Overturns High Court Decision, Validates 1985 Sale Deed in Landmark Land Ownership Case. Appellants win long-fought legal battle over fraudulent land transactions; Supreme Court awards exemplary costs for injustice.

The case concerns issues of land ownership, fraud, and legal manipulation, with the appellants suffering due to the malicious intent of the respondent...

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Appeal Against Partition Judgment: Remand Ordered for Fresh Hearing. Wardha District Court sets aside previous judgments, mandates inclusion of all relevant parties for a fair trial on property dispute.

This appeal challenges the judgment and decree from Regular Civil Appeal No. 201 of 2015, dated 28.02.2022, by Ad-hoc District Judge-2, Wardha. The ap...

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Plaintiff’s Suit for Property Possession Upheld. Court Rules in Favor of Plaintiff’s Ownership Claim Despite Defendants’ Incomplete Sale Agreement Defense

This appeal was filed against the judgment and decree of the 2nd Ad-hoc Additional District Judge, Wardha, which overturned the decision of the Civil ...