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Search Results for "appeal memorandum"

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High Court

Bombay High Court Clarifies That Appeal Under Section 72(4) of Bombay Public Trusts Act is a Regular Appeal Not Subject to Section 100 CPC Limitations. Full Bench Holds That Such Appeal Permits Full Rehearing on Both Facts and Law, Overruling Earlier Division Bench View That It is a Second Appeal Requiring Substantial Questions of Law.

1 Apr 2016

The dispute originated from two rival Change Reports filed under the Bombay Public Trusts Act, 1950, concerning the management committee of a public t...

High Court

Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

20 Mar 2026

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...

High Court

Karnataka High Court Hears Regular First Appeal Against Part Decree in Specific Performance Suit; Appellant Challenges Dismissal at Admission Stage Under Section 96 CPC. Scope of Section 96 CPC and Requirement of Full Hearing on Merits in Appeals Questioned; Trial Court Had Dismissed Specific Performance Claim for Lack of Readiness and Willingness but Ordered Refund of Advance.

3 Mar 2015

The appeal arose from a suit for specific performance of an agreement to sell immovable property. The plaintiff (appellant) and defendant No.1 execute...

Tribunals

NCLAT Dismisses Appeal Against Approval of Resolution Plan for Lack of Standing — Appellant Not an Aggrieved Person Under Section 61 of IBC, 2016. The appellant, not being a party to the CIRP and whose claim was not admitted, lacks locus standi to challenge the order approving the resolution plan.

30 Nov -0001

The case involves an appeal filed by Boorugu Infra Projects Private Limited in consortium with Vishwanath Projects Limited against the order of the Na...

High Court

Bombay High Court Quashes Industrial Court's Order and Allows Written Statement in Appeal Under Industrial Employment (Standing Orders) Act, 1946. Industrial Court Must Permit Filing of Written Statement and Lead Evidence as Rule 13 of Bombay Rules Does Not Prohibit Pleadings in Appeal.

12 Jan 2017

The writ petition arose from an appeal under the Industrial Employment (Standing Orders) Act, 1946, pending before the Industrial Court. The managemen...

High Court

Bombay High Court Allows Revision Against Deficit Court Fee Demand in Railway Claims Tribunal Appeal. Fixed Court Fee of Rs.25 Held Applicable Under Article 3 of Schedule II of Maharashtra Court Fees Act, 1959 for Appeals Under Section 23 of Railway Claims Tribunal Act, 1987.

2 Aug 2017

The applicants, dependants of deceased Rajanna Linganna Akitwar who died in an untoward incident of falling from a train on 23.04.2012, filed a claim ...

High Court

High Court of Karnataka Allows Refund of 75% Court Fee on Unconditional Withdrawal of Appeal Before Commencement of Hearing Under Section 66(2)(c) of Karnataka Court-Fees and Suits Valuation Act, 1958. Appellant Entitled to Refund as Withdrawal Was Unconditional and Before Hearing Commenced.

6 Jun 2018

The appellant, Sri Jagadeeshaiah, filed Regular First Appeal No.1475/2014 under Section 96 of the Code of Civil Procedure, 1908, challenging the judgm...

High Court

Karnataka High Court Considers Maintainability of Regular First Appeal Under Section 96 CPC and Examines Plaintiff’s Readiness and Willingness in Suit for Specific Performance of Agricultural Land Sale Agreement; Trial Court Had Dismissed Specific Performance but Directed Refund of Advance with Interest

3 Mar 2015

The appeal arose from the judgment and decree dated 27.09.2014 in O.S. No.1/2011 passed by the Senior Civil Judge and JMFC, Tiptur, partly decreeing t...

High Court

Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

22 Aug 2014

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

High Court

Bombay High Court Holds Court Fee on Appeal Under Section 37 of Arbitration Act Payable Under Article 4 of Schedule I of Maharashtra Court Fees Act. Appeal is a memorandum of appeal, not an application, thus ad valorem fee applies.

25 Apr 2016

The appellant filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 challenging an order dated 28.08.2015 passed under Sectio...

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