Search Results for "CPC Amendment Act 2002"

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Gujarat High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings of Fact. Appellate Court's Reversal of Trial Court's Decree Set Aside Due to Lack of Substantial Question of Law Under Section 100 CPC.

The appellant, Manilal Ratnabhai Solanki, was the unsuccessful plaintiff in a suit for declaration of title and possession of suit land. He filed Regu...

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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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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Supreme Court Allows Recall of Witness and Additional Documents in Commercial Suit — Upholds Liberal Approach Under Order XVIII Rule 17 CPC. Party Seeking to Place on Record E-Mails and Recall PW-1 for Cross-Examination Must Be Permitted to Ensure Fair Trial and Effective Adjudication.

The dispute arose from a Professional Services Agreement dated 19th February 2013 between M/s. Levitate Mobile Technologies Pvt. Ltd. (LMT), the appel...

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Supreme Court Allows Dealer's Appeal in Motor Accident Claim — Dealer Not Liable as Owner Under Motor Vehicles Act, 1988. Dealership Agreement Cannot Shift Statutory Liability of Manufacturer for Third-Party Compensation.

The Supreme Court allowed the appeal filed by Vaibhav Jain, the proprietor of M/s Vaibhav Motors, a dealer of Hindustan Motors Pvt. Ltd. The case aros...

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Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...

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Bombay High Court Dismisses Second Appeal as Not Maintainable Due to Pecuniary Limit Under Section 102 CPC. Suit for Recovery of Rs. 23,466/- Barred by Amendment Act, 2002 as Value Does Not Exceed Rs. 25,000/-.

The plaintiffs, M/s Marine Crete (India), filed Special Civil Suit No. 65/1981/I for recovery of Rs. 23,466/- with interest. The trial court decreed t...