Search Results for "Article 227 CPC"

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Search Results for "Article 227 CPC"

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High Court

High Court of Karnataka Allows Plaintiff's Writ Petition Under Article 227 Challenging Refusal of Ex-Parte Appointment of Commissioner in Injunction Suit. Trial Court Directed to Reconsider Application for Appointment of Commissioner on Merits Considering Urgency and Irreparable Loss.

29 Jan 2025

The petitioner, Newspace Research and Technologies Private Limited, filed a writ petition under Article 227 of the Constitution of India challenging a...

High Court

High Court of Karnataka Quashes Megha Lok Adalat Decree in Property Suit — Petitioner Not a Party to Compromise. Decree Passed Without Jurisdiction as Dispute Was Not Referable to Lok Adalat Under Section 20 of Legal Services Authorities Act, 1987.

23 Aug 2024

The petitioner, Kishore Baldev Bajaj, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a decree dated 25...

High Court

High Court of Karnataka Allows Wife's Petition to Set Aside Ex Parte Divorce Decree Due to Lack of Proper Service and Violation of Natural Justice. The court held that the Family Court erred in dismissing the wife's application under Section 151 CPC as the wife was not served with summons and the decree was passed without ensuring proper service.

29 Jul 2024

The petitioner, H.P. Komala (wife), filed a writ petition under Article 227 of the Constitution of India challenging the order dated 17.02.2020 passed...

Supreme Court

Supreme Court Refers Matter to Larger Bench on Automatic Vacation of Stay Orders Under Article 142 of the Constitution. The Court expressed reservations about directions in Asian Resurfacing that interim stay orders automatically lapse after six months, holding that such automatic vacation without judicial application of mind could cause miscarriage of justice.

29 Feb 2024

The Supreme Court, in a judgment authored by Justice Abhay S. Oka, addressed the correctness of directions issued in Asian Resurfacing of Road Agency ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of IA for Framing Additional Issues in Injunction Suit. Order 14 Rule 1 and 5 CPC does not mandate framing of issues on every factual controversy; only on material propositions of fact or law.

11 Jan 2022

The petitioner, plaintiff in O.S. No.374/2016, filed a suit for permanent injunction against the respondents to restrain them from interfering with hi...

High Court

Bombay High Court Allows Writ Petition Challenging Appellate Order in Property Dispute — Interim Injunction Restored Pending Suit. The court held that the appellate court exceeded its jurisdiction by reversing the trial court's grant of interim injunction without finding perversity, and restored the status quo ante.

14 Aug 2020

The petitioners, Vishnu Anant Dessai and his wife, filed a suit in 2015 seeking declaration that a sale deed executed in 2014 by the vendor (responden...

High Court

Bombay High Court Allows Condonation of Delay in Execution Proceedings for Decree Holder. Delay of 13 Years in Filing Execution Application Condoned as Sufficient Cause Shown for Non-Filing Due to Pendency of Appeal and Other Proceedings.

15 Oct 2018

The petitioner, M/s. Botanium Limited (now merged in Go Airlines (India) Limited), was the decree holder in Regular Civil Suit No. 292 of 1983. The su...

High Court

Bombay High Court Upholds Restoration of Suit Despite Plaint Rejection Under Order VII Rule 11(f) CPC — Power to Restore Exists Under Order VII Rule 13 CPC. The Court held that rejection under Order VII Rule 11(f) is not a decree and the Trial Court has jurisdiction to restore the suit upon sufficient cause being shown.

12 Sep 2017

The case arises from a dispute between family members over property. The Plaintiff (Respondent No.1) filed Special Civil Suit No.30/2012 seeking parti...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application for Dismissal of Eviction Suit Based on Alleged Admission in Another Suit. Admission in Additional Written Statement in Different Suit Cannot Be Used to Dismiss Eviction Suit Under Order XII Rule 6 CPC as It Is Not Clear and Unambiguous.

6 Jul 2017

The Petitioner, Mr. Firoze Adi Vakil, as Defendant No.1B in RAE & R Suit No.744/1770 of 1992, filed a Writ Petition under Article 227 of the Constitut...

High Court

Karnataka High Court Allows Writ Petition in Civil Procedure Code Case — Order on I.A. Nos.62 and 64 Quashed for Non-Compliance with Order VIII Rule 1A CPC. Court held that documents not produced along with plaint or written statement cannot be received as evidence without leave of court and without showing sufficient cause.

22 Apr 2015

The petitioner, Vinayaka House Building Co-operative Society, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging...

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