Search Results for "Order XXXIX CPC"

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Search Results for "Order XXXIX CPC"

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Supreme Court

Supreme Court Quashes High Court's Interim Injunction Order Affecting Third Parties' Property Rights Without Hearing. Interim Injunction Cannot Be Granted Against Persons Claiming Rights in Suit Properties Without Impleading Them as Parties and Providing Opportunity of Hearing Under Order XXXIX Rules 1 and 2, Code of Civil Procedure, 1908.

17 Nov 2021

The Supreme Court addressed appeals by third parties aggrieved by an interim injunction order passed by the High Court of Karnataka in a partition sui...

Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

High Court

Bombay High Court Allows Amendment to Plaint in Suit for Compensation and Declaration of Sale Agreement as Void. Amendment Sought to Challenge Agreement for Sale of Property Allegedly Purchased with Siphoned Funds Allowed Under Order VI Rule 17 CPC.

5 Sep 2019

The Plaintiff, Edit II Productions, filed a suit seeking compensation for financial loss caused by the Defendants who allegedly siphoned funds from th...

Supreme Court

Supreme Court Upholds National Commission's Power to Impose Deposit of Entire Decretal Amount as Stay Condition in Consumer Appeals. Pre-deposit of 50% under Section 51 of Consumer Protection Act, 2019 is Minimum Requirement, Not a Cap on Discretionary Stay Conditions.

12 Oct 2021

The Supreme Court disposed of a batch of civil appeals arising from orders of the National Consumer Disputes Redressal Commission (National Commission...

Supreme Court

Supreme Court Allows Appeal in Civil Revision Against Abatement of Suit for Declaration of Hereditary Chiefship — Legal Representatives Brought on Record in Interlocutory Appeal Enure for Entire Suit. The Court held that the High Court erred in holding that the civil miscellaneous appeal abated due to abatement of the main suit, ignoring that the appellant had been brought on record in the appeal within time, and the principle of Rangubai applies.

1 Jan 2022

The Supreme Court allowed an appeal against the High Court's order in a civil revision petition. The dispute concerned the hereditary chiefship (Khull...

High Court

High Court of Bombay at Goa Upholds Injunction Against Appellants in Property Dispute — Agreement for Sale and Power of Attorney Support Prima Facie Case. The court held that the trial court's grant of interim injunction was justified as the respondents had a better claim to the suit property based on the Agreement for Sale and Power of Attorney, and the balance of convenience favored them.

11 Apr 2018

The appellants, original defendants, challenged an order dated 09.01.2017 passed by the Ad-hoc Senior Civil Judge, Margao, which allowed the responden...

High Court

Bombay High Court Directs Police to Provide Aid for Taking Possession Under Section 14 of SARFAESI Act. Bank's Application Allowed as Police Failed to Assist Court Commissioner Despite Magistrate's Order.

22 Oct 2018

The petitioner, Corporation Bank, had advanced loan facilities to M/s. Ankur Iron India Private Limited, which defaulted in repayment. The Bank initia...

High Court

Bombay High Court Allows Appeal Against Dismissal of Temporary Injunction in Specific Performance Suit — Prima Facie Case and Balance of Convenience Found in Favour of Plaintiff-Builder Under Memorandum of Understanding. The court held that the Memorandum of Understanding dated 21.5.2011 constituted a binding agreement for sale and the plaintiff had made out a prima facie case for grant of injunction under Order 39 Rules 1 and 2 CPC.

5 May 2017

The appellant, M/s. Merces Builders Private Limited, filed an appeal against an order dated 16.4.2016 passed by the learned Senior Civil Judge, Panaji...

High Court

Bombay High Court Dismisses Appeal Against Demolition Orders for Unauthorized Construction in Municipal Corporation of Greater Mumbai Case. Court Held That Stop Work Orders and Demolition Notices Were Valid as Appellant Failed to Obtain Required Permission Under Section 347 of the Mumbai Municipal Corporation Act, 1888.

22 Sep 2016

The appellant, United Construction, a partnership firm, purchased a building known as 'Roop Niketan' (now 'Shanidev') located at Colaba, Mumbai, by a ...

High Court

Bombay High Court Strikes Out Defence and Orders Detention for Persistent Breach of Court Orders and Undertaking in Suit Premises Dispute. The court held that wilful disobedience of court orders and breach of undertaking warrants striking out of defence and civil imprisonment under Order XXXIX Rule 2A CPC.

4 Mar 2005

The plaintiff, Feroze Homi Duggan, filed a Notice of Motion in Suit No. 4847 of 1995 seeking to strike off the defence of defendant nos.1 to 5 and 10 ...

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