Search Results for "notice under CPC"

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Search Results for "notice under CPC"

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High Court

High Court Dismisses Consignee's Claim Against Railways for Non-declaration of Value Under Section 77B of Indian Railways Act, 1890. Failure to Declare Value of Package Exceeding Rs. 500 Bars Compensation as Wooden Case Constituted a Package Within Meaning of Section 77B.

16 Aug 2005

A consignment of terrycotton cloth belonging to the petitioner firm was returned by a purchaser and booked at Bhagalpur railway station for delivery t...

High Court

High Court Holds in Review Petition that CPC Amendments under Commercial Courts Act Do Not Apply to Commercial Disputes Below Specified Value. The 120‑day limit for written statement under Order VIII Rule 1 of CPC, 1908 as amended by the Commercial Courts Act, 2015 is inapplicable to suits where the Specified Value is below Rs. 3 lakhs, even if the suit is before the Commercial Division under the proviso to Section 7.

1 Jun 2019

The dispute arose in a commercial suit where the Plaintiff had determined the Specified Value at Rs. 20,000, which was below the threshold of Rs. 3 la...

High Court

High Court of Karnataka Upholds Trial Court's Order Allowing Production of Documents in Commercial Suit — Order XI Rule 1(5) CPC Does Not Mandate Filing of Documents Only at First Hearing. The court held that the trial court's discretion to allow late production of documents under Order XI Rule 1(5) CPC was valid and did not cause prejudice to the defendant.

10 Jun 2025

The petitioner, M/S. JSM Corporation Private Limited, was the defendant in Commercial Original Suit No.835 of 2023 filed by the respondents, M/S. Brun...

High Court

NOTICE OF MOTION COMMERCIAL DIVISION NO. 196 OF 2018

27 Feb 2019

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High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Order in Execution Proceedings. Judgment Debtor's Application Under Section 151 CPC for Recalling Order Dated 10.07.2024 Was Rightly Dismissed as Not Maintainable.

8 Jul 2025

The petitioner, M/s Pushpam Realty, a partnership firm, is the judgment debtor in Execution No.1075/2020 pending before the III Additional City Civil ...

High Court

Madras High Court Dismisses Defendant’s Civil Revision Petition Challenging Refusal to File Additional Written Statement in Commercial Suit. Court Rules that Order VIII Rule 9 CPC Application is Not Maintainable Under Commercial Courts Act Due to Strict Timelines and Availability of Inspection Safeguards Under Order XI CPC.

17 Jul 2026

The dispute arose from a commercial suit filed by the respondent/plaintiff against the petitioner/defendant in the Principal Commercial Court, Egmore,...

High Court

High Court of Karnataka Allows Petition in Execution Proceedings — Attachment of Amount Deposited in Another Suit Not Permissible Without Proper Procedure Under Order 21 Rule 46 CPC. Decree holder cannot bypass execution procedure by seeking attachment of a sum deposited in a different suit under Section 151 CPC without following Order 21 Rule 46 CPC.

19 Jul 2024

The petitioner, Smt. Sarasamma C., filed a writ petition under Article 227 of the Constitution of India challenging the order dated 21.01.2023 passed ...

High Court

KAHC010102062008_1

10 Aug 2018

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High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Sale Set Aside for Material Irregularity in Conduct of Auction. Order XXI Rule 90 CPC requires that sale be conducted with proper notice and opportunity to judgment-debtors; failure to serve notice and conduct sale at spot without prior intimation constitutes material irregularity.

10 Feb 2017

The appellants, Sri L. Nanjunda Murthy and Sri L. Nagaraj, were judgment-debtors in Execution No.3242/2014 pending before the XXXI Additional City Civ...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Application Under Order XXXIX Rule 2A CPC for Alleged Violation of Injunction Order. Court holds that mere filing of a suit for permanent injunction does not automatically establish willful disobedience of an interim order without proof of specific notice and deliberate defiance.

23 Feb 2021

The appellants, who were plaintiffs in a suit for permanent injunction, filed an application under Order XXXIX Rule 2A CPC alleging that the responden...

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