Search Results for "Order XXIII"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Order XXIII"

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High Court

Gujarat High Court Dismisses Appellant's Letters Patent Appeals in Land Dispute, Upholding Single Judge's Order. Delay Condonation Denied as Unexplained; Appeals Found Devoid of Merit on Substance.

13 Feb 2026

The judgment pertains to two Letters Patent Appeals filed by Vasharambhai Sagharambhai Bharvad against a common judgment and order dated 16.10.2025 pa...

High Court

High Court of Judicature at Bombay Examines Writ Petition Against Lok Adalat Award Allegedly Procured by Fraud. The Court considered whether an award based on a compromise pursis can be challenged on the ground of fraud under Article 226 of the Constitution, despite the availability of an alternative civil remedy.

9 Jun 2025

The petitioner, Sushila Devidas Ghorpade, a 75-year-old widow and owner of agricultural land in Solapur, filed a writ petition seeking to quash an Awa...

Supreme Court

Supreme Court Allows Amendment of Plaint in Contract Dispute — Continuous Cause of Action Does Not Require Fresh Notice Under Section 80 CPC. The court upheld the High Court's order permitting amendment to bring subsequent debarment orders on record, as they arose from the same cause of action.

1 Jan 2025

The dispute arose from a tender floated by the Superintending Engineer, PWD, Kolkata on 04.12.2013 for strengthening the Howrah-Amta Road. The respond...

High Court

Bombay High Court Upholds Interim Injunction in Shareholder Dispute Over Share Transfer Agreement — Agreement dated 14th June 2019 Held Valid and Enforceable.

23 Sep 2022

The dispute arises out of a Share Purchase Agreement dated 14th June 2019 between the Kamdar Group (appellants) and the Sanghvi Group (respondents) fo...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Summary Suit Withdrawal Case. Order 23 Rule 1 CPC Requires Express Liberty for Fresh Suit, but Withdrawal Order Did Not Bar Fresh Suit as It Was Not a Judgment.

6 Aug 2019

The case involves a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) filed by the applicants (original defendan...

High Court

Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

1 Mar 2019

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

High Court

Bombay High Court Dismisses Appeal Against Execution of Consent Decree in Commercial Suit — Decree Not Null and Void Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That a Consent Decree Can Be Executed Even If It Contains Terms Beyond the Suit, Provided Parties Freely Consented.

20 Dec 2018

The case arises from a commercial suit (Suit No. 119 of 2016) filed by Mahesh P. Raheja, Preeti P. Raheja, and Shakuntala P. Raheja (Respondent Nos. 1...

High Court

Bombay High Court Dismisses Judgment Debtor's Application to Set Aside Consent Decree in Commercial Execution — Consent Decree Not a Nullity Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That Undertakings Given to Court Cannot Be Unilaterally Withdrawn and Execution Proceedings Are Continuation of Suit.

13 Jul 2018

The case involves a Chamber Summons filed by the original Judgment Debtor No.2 (Firoz A Nadiadwala) and his proprietary firm Base Industries Group see...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Compromise Decree Valid Despite Alleged Fraud. Court holds that a compromise decree can only be challenged on limited grounds of fraud or coercion, and failure to prove such grounds results in dismissal of appeal.

25 Jun 2015

The case involves a second appeal arising from a partition suit. The original plaintiff, Pandurang Shidu Chinchkar, filed Regular Civil Suit No. 324 o...

High Court

High Court of Karnataka Quashes Private Complaint Against MLA in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988 Renders Proceedings Invalid. The court held that sanction for prosecution is mandatory for public servants and failure to obtain it vitiates the complaint.

14 Oct 2014

The petitioner, M. Srinivas, a Member of the Legislative Assembly (MLA) of Karnataka, filed a petition under Section 482 of the Code of Criminal Proce...

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