Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Allows Landlord's Petition for Production of Documents in Civil Suit — Liberal Approach Under Order 7 Rule 14 CPC. Public Documents Can Be Produced at Any Stage; Requirement of Sufficient Cause Deleted by Amendment.

The petitioner, Smt. Chitrakala Fal Dessai, was the original plaintiff in Regular Civil Suit No. 25/98 pending before the Civil Judge Junior Division,...

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Bombay High Court Allows Wife's Appeal Against Dismissal of Petition and Striking Out of Defence Under Order XXXIX Rule 11 CPC. Non-Compliance with Access Orders Disputed; Video Evidence and Counsellor Report Considered.

The appellant wife filed Family Court Appeal No.20 of 2013 challenging the order dated 8th November 2012 passed by the Family Court at Mumbai. By that...

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Bombay High Court Adjudges Writ Petition in Civil Suit Alleging Advocate's Fraud. Withdrawal of Suit Without Plaintiff's Instructions Examined Under Order XXIII, Rule 1 of Code of Civil Procedure, 1908

The petitioner entered into an agreement of sale dated 6.7.2005 for purchase of agricultural land from respondent nos. 2 and 3 for Rs.15,00,000/-, pay...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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High Court of Bombay Allows Insurance Company's Appeal in Part, Enhances Compensation in Motor Accident Claim — Insurer Liable to Pay and Recover. Deceased aged 35, self-employed, entitled to 40% future prospects; loss of consortium enhanced to Rs.40,000 per claimant.

The case arises from a motor accident claim filed by the widow and children of Binod Pande, who died in a vehicular accident on 28th August 2012. The ...

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APPEAL FROM ORDER No. 54 OF 2012

The matter involved two appeals from orders arising out of Special Civil Suit No.2/2012 pending before the Civil Judge, Senior Division, Bicholim. The...

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High Court of Gujarat Allows Petition Seeking Expeditious Hearing of Interim Injunction Application Pending in Trial Court — Delay of Two Years Frustrates Purpose of Interim Relief. Direction Issued Under Order 39 Rules 1 and 2 of Code of Civil Procedure, 1908 to Complete Hearing Within Three Months.

The present petition under Articles 226 and 227 of the Constitution of India was filed by the original defendants Nos. 3 to 7 seeking a direction for ...

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Bombay High Court Upholds Dismissal of Judicial Officer for Misconduct and Assault. Departmental enquiry based on criminal conviction for assaulting a colleague under influence of alcohol is valid and does not require separate disciplinary proceedings.

The petitioner, Shri Rajesh Ratanlal Kale, was a Judicial Officer working as IIIrd Joint Civil Judge (Junior Division) and J.M.F.C. at Bhiwandi. On 22...