Search Results for "Counter-claim"

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High Court Dismisses Defendants' Writ Petition Against Rejection of Leave to File Additional Written Statement in Civil Suit - Trial Court Properly Exercised Discretion Under Order VIII Rule 9 CPC to Prevent Withdrawal of Admissions and Belated Counter-Claim.

The dispute originated from a Leave and Licence Agreement dated 1 August 2018, where the respondent-plaintiff was granted licence to occupy premises b...

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High Court Allows Appeal in Arbitration Case, Restoring Arbitral Award Set Aside by Single Judge. Limited Judicial Review Under Section 34 of Arbitration and Conciliation Act, 1996 Precludes Re-appreciation of Evidence Unless Award Shocks Conscience or Conflicts with Public Policy.

The dispute arose between Appellant, a foreign company manufacturing biscuits in Zimbabwe, and Respondent, an Indian partnership firm, regarding the s...

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High Court Allows Defendant to Produce Documents in Cross-Examination Despite Non-Compliance with Order VIII Rule 1A(1) of CPC. Procedural Rules as Handmaid of Justice Permit Production for Limited Purpose of Confrontation When Documents Relate to Pleaded Facts and Are Not Foreign to Case.

The petition was filed by defendant no. 1 challenging the trial court's order rejecting his application to produce documents to confront plaintiff no....

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High Court Dismisses Commercial Appeal in Lease Dispute, Upholding Decree for Arrears and Charges. The lessee's claim for termination and damages was rejected as the lease agreement remained valid until vacation, and no rent waiver was agreed during COVID-19 lockdown under the leave and licence agreement.

The dispute arose from a leave and licence agreement dated 21.10.2019 between Sure Waves Media Tech Private Limited (lessee) and Mr. Fathiraj (lessor,...

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High Court Quashes Eviction Order Under Senior Citizens Act -- Sons Successfully Challenge Tribunal's Jurisdiction -- Father Found Ineligible for Maintenance Yet Granted Eviction Relief

The High Court heard a Writ Petition challenging an eviction order against sons from their father's property under the Maintenance and Welfare of Pare...

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High Court Dismisses Applicants Revision Applications Against Multiple Borrowers in Loan Recovery Case Due to Procedural Deficiencies and Lack of Jurisdictional Error

The High Court dismissed a series of Civil Revision Applications filed by Applicant challenging the dismissal of its applications for restoration of s...

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High Court Appoints Arbitrator and Grants Interim Relief in Loan Default Case Under Arbitration and SARFAESI Acts. Applicant Secures Protection for Mortgaged Property in Dispute with Respondents

The High Court of Bombay heard two connected applications filed by Tata Capital Housing Finance Limited against Inderjeet Sahni and others. The first ...

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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

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...