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Search Results for "civil suit dismissal"

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High Court

Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Partition Suit. Appellant Failed to Prove Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

26 Jul 2023

The appeal arose from an order of the City Civil Court dismissing the appellant's Notice of Motion to set aside an ex-parte decree in a partition suit...

High Court

High Court of Bombay Nagpur Bench Hears Second Appeal on Tenancy Dispute Involving Partnership Firm. Whether Agreement with Individual Partner Creates Tenancy with Unregistered Firm Determined.

10 Apr 2018

The case arose from a suit for possession of a shop, originally filed by the appellant (landlord) against the respondents, claiming that the suit shop...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order in Suit for Specific Performance — Petitioner Failed to Establish Prima Facie Case for Interim Injunction Under Order 39 Rules 1 and 2 CPC.

8 Jul 2025

The petitioners, legal representatives of the original plaintiff Smt. Venkamma Namasivayam, filed a suit for specific performance of an agreement to s...

High Court

Bombay High Court Dismisses Tenant Company's Revision Against Jurisdiction Under PSCC Act. Company Failed to Prove Paid-Up Share Capital Below Rs.1 Crore to Avail Protection Under Maharashtra Rent Control Act, 1999.

7 Jun 2017

The dispute arose from a suit for possession filed by the original plaintiffs (respondents 1 to 12) against M/s. New Era Fabrics Ltd., the original de...

High Court

Bombay High Court Allows Writ Petition Challenging Appellate Order Setting Aside Dismissal of Suit Under Order IX Rule 5 CPC — Order IX Rule 5 CPC Held Directory, Not Mandatory, and Dismissal of Suit for Non-Service of Summons Within One Year Not Automatic Where Suit Has Progressed to Evidence Stage

17 Sep 2010

The case involves a writ petition filed by Smt. Zaibunnisa and Mr. Riyazur Rahim, sister and brother, against an order passed by the 6th Additional Se...

High Court

High Court of Karnataka Hears Regular First Appeal Against Dismissal of Suit for Partition and Declaration. Daughter Challenges Will Dated 15.06.2001 Alleging Suspicious Circumstances and Non-Compliance with Proof Requirements Under Section 63 of Indian Succession Act, 1956.

7 Jun 2024

The Regular First Appeal arose from a suit for declaration, partition, and mesne profits filed by one of the daughters of late M. Krishnappa. The dece...

High Court

High Court of Judicature at Bombay Considers Arbitration Petition No. 1070 of 2011 Under Section 45 of the Arbitration and Conciliation Act, 1996. The Petition Seeks Reference to ICC Arbitration in Dubai Pursuant to a Share Purchase Agreement; the Judgment Text is Incomplete.

20 Dec 2012

The matter arose from a Share Purchase Agreement (SPA) dated 10 December 2004 between Welspun Trading Limited (transferor) and Eupec PipeCoatings GmbH...

High Court

High Court of Karnataka Upholds Constitutional Validity of Karnataka Civil Courts (Amendment) Act, 2023 and Karnataka High Court (Amendment) Act, 2023 — Amendment Acts Not Ultra Vires the Constitution. The court held that the amendments enhancing pecuniary jurisdiction of civil courts and the High Court are valid and do not violate Article 14 or Article 50 of the Constitution.

24 Sep 2025

The writ petition was filed by Baburao challenging the constitutional validity of the Karnataka Civil Courts (Amendment) Act, 2023 (Act No.33 of 2024)...

High Court

High Court of Bombay Allows Second Appeal in Interest Calculation Dispute — Appellant Entitled to Interest on Unpaid Rent from Date of Demand, Not Date of Suit. Court clarifies that under Section 34 of the Code of Civil Procedure, 1908, interest for the period prior to suit can be granted at the contractual rate or under the Interest Act, 1978, and the court has discretion to award interest from the date of demand.

16 Oct 2018

The appellant, Sahebrao Patil, filed a suit against the Municipal Council, Pachora, for recovery of unpaid rent and other amounts due under a lease ag...

Supreme Court

Supreme Court Hears Civil Appeals Concerning Applicability of Interest on Delayed Payments Act to Prior Contracts. The appeals arise from a common question of law regarding the retrospective application of the Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertakings Act, 1993.

1 Aug 2026

The appeals before the Supreme Court arose from a common question of law regarding the applicability of the Interest on Delayed Payment to Small Scale...

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