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Search Results for "trial court order"

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High Court

High Court of Karnataka Allows Revision Petition in Section 319 CrPC Case — Trial Court Directed to Reconsider Summoning of Additional Accused. Prima Facie Evidence Test Must Be Applied for Summoning Under Section 319 of Code of Criminal Procedure, 1973.

23 Sep 2023

The petitioner, Renuka @ Shivubai, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973,...

High Court

Bombay High Court Dismisses Petition Challenging Trial Court Order Refusing Deletion of Parties in Suit for Declaration and Injunction — Misjoinder of Parties and Causes of Action Not Established. The court held that the presence of defendants 6 to 8 was necessary for complete adjudication of the dispute relating to partnership property and family settlement under Order I Rule 10 CPC.

25 Oct 2013

The petitioners, defendants 1 to 4 in Special Civil Suit No. 2 of 2012, filed a writ petition challenging the trial court's order dated 18 April 2012,...

High Court

Bombay High Court Quashes Trial Court Order in Civil Revision for Failure to Decide Preliminary Issue on Locus to Claim Accounts. Trial Court directed to decide all issues together, with no repeat cross-examination on issue already covered.

30 Aug 2005

The case arises from a civil revision application filed by the applicants (defendants) against an order dated 13.11.2003 passed by the trial court. Th...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Section 311 CrPC Application in POCSO Case — No Error in Trial Court's Discretion to Refuse Recall of Prosecution Witnesses. The court held that the power under Section 311 CrPC is discretionary and cannot be used to fill gaps or delay trial, and Article 227 interference is not warranted unless the order is perverse.

17 Oct 2025

The petitioners, who are accused in Special POCSO Case No. 29/2019 pending before the Additional Sessions Judge/Special Judge, Chandrapur, filed a cri...

High Court

Bombay High Court Allows Reference of Disputed Documents to Handwriting Expert in Civil Suit — Trial Court's Rejection of Application Set Aside. The court held that since the entire suit controversy revolves around disputed receipts, it is just and proper to refer them to a handwriting expert under Section 45 of the Evidence Act, 1872.

21 Jun 2011

The petitioner, Kamalkunj Cooperative Housing Society Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging ...

High Court

High Court of Karnataka Allows Impleading Application in Specific Performance Suit — Petitioner Has Right to Be Heard as Intending Defendant. The court held that the petitioners, claiming ownership of the suit property, were necessary and proper parties under Order I Rule 10 CPC and their impleadment would enable complete adjudication of the disputes.

2 Dec 2019

The petitioners, claiming to be the sons of the original owner of the suit property, filed an impleading application in a specific performance suit (O...

High Court

High Court of Karnataka Allows Writ Petition Challenging Trial Court Order on Probate Valuation and Court Fee — Directs Reconsideration Under Karnataka Court-Fees and Suits Valuation Act, 1958. Trial court must examine valuation and court fee in accordance with Section 11(2) of the Act before dismissing defendant's application.

22 Mar 2017

The petitioner, defendant No.1 in O.S.No.47/2013 pending before the Prl. Civil Judge at Madikeri, filed a writ petition under Articles 226 and 227 of ...

High Court

High Court of Karnataka Allows Writ Petition Challenging Trial Court Order on Stamp Duty in Specific Performance Suit — Agreement of Sale with Possession Clause Requires Proper Adjudication Under Section 34A of Karnataka Stamp Act, 1957. The trial court's order directing payment of deficit stamp duty without first impounding the document was set aside and the matter remitted for fresh consideration.

20 Mar 2014

The petitioners, who were the 1st defendant in a suit for specific performance, challenged the trial court's order dated 08.06.2012 in O.S.No.26784/20...

High Court

High Court of Judicature at Bombay Examines Challenge to Order Setting Aside Ex-Parte Decree in Rent Suit. Issue Concerning Classification of Decree Under Order 9 Rule 6 or Order 8 Rule 5 CPC Remains Unresolved in Incomplete Judgment.

29 Sep 2006

The writ petition under Article 227 of the Constitution challenged an order of the Small Causes Court, Bombay, which had set aside an ex-parte decree ...

Supreme Court

Supreme Court Initiates Contempt Proceedings for Wilful Disobedience of Anticipatory Bail Order — Police Custody Remand Granted Despite Interim Protection. The Investigating Officer and Magistrate acted in gross derision of the Supreme Court's order granting interim anticipatory bail by arresting the petitioner and granting police custody remand without any indication of non-cooperation.

7 Aug 2024

The petitioner, Tusharbhai Rajnikantbhai Shah, was an accused in FIR No. 11210068230266 dated 21 July 2023 for offences under Sections 420 and 120B of...

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