Search Results for "averment"

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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...
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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "averment"

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High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

30 Jul 2025

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Plaint Amendment in Permanent Injunction Suit — Amendment Sought After Trial Commenced Held Barred by Proviso to Order VI Rule 17 CPC. The court upheld the trial court's order rejecting the amendment application filed after the commencement of trial, as the plaintiff failed to show due diligence and the amendment was sought after a lapse of nearly 5 years.

30 Jul 2025

The petitioner, who was the plaintiff in O.S. No. 1102 of 2017 before the II Additional Civil Judge, Bengaluru Rural, filed a writ petition under Arti...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit for Declaration and Injunction — Concurrent Findings of Fact Not Disturbed. Second Appeal Under Section 100 CPC Dismissed as No Substantial Question of Law Arises.

1 Jul 2025

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

High Court

Karnataka High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree of Permanent Injunction. The Court held that the First Appellate Court's failure to frame points for determination under Order 41 Rule 31 CPC vitiated its judgment.

30 Aug 2025

The case involves a property dispute between the appellants (plaintiffs) and the respondents (defendants) concerning a suit for permanent injunction. ...

High Court

High Court of Karnataka Dismisses Appeal Against Refusal of Interim Injunction in Commercial Dispute Over Land Transfer. Section 9 of Arbitration Act Does Not Confer Right to Injunction Against Third Party Transferee Without Prima Facie Case of Fraud or Collusion.

13 Aug 2025

The appellants, Vasudev Garg, Chaitanya Garg, and Radhika Baig, filed a Commercial Appeal under Section 37(1)(b) of the Arbitration and Conciliation A...

High Court

High Court of Karnataka Grants Bail to Accused No.2 in SC/ST Act Case Due to Lack of Prima Facie Evidence of Caste-Based Intent. The court held that without specific averments of caste-based insult or intimidation, the bar under Section 18 of the SC/ST (POA) Act, 1989 is not attracted, and the appellant is entitled to regular bail.

4 Sep 2025

The appellant, Sri Syed Parveez Mushraff, accused No.2 in Crime No.205/2025 registered at Mahadevapura Police Station, Bengaluru, filed an appeal unde...

High Court

High Court of Karnataka Quashes Trial Court Order Rejecting IA for Production of Documents in Commercial Suit — Failure to Consider Mandatory Provisions of Order 11 Rule 1 CPC and Section 15 of Commercial Courts Act, 2015. The court directed fresh consideration of the application for production of documents in accordance with law.

3 Sep 2025

The petitioner, IFFCO TOKIO General Insurance Company Limited, the defendant in a commercial suit, filed a writ petition under Article 227 of the Cons...

High Court

High Court of Karnataka Allows Withdrawal of Suit with Liberty to File Fresh Suit for Declaration of Title in Regular Second Appeal — Cloud on Title Requires Proper Declaration Suit. The court permitted the appellant to withdraw the plaint and file a fresh suit for declaration and allied reliefs, as both lower courts dismissed the suit on the ground of cloud on title.

22 Sep 2025

The appellant, Sri N. Jagadish Kumar, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and d...

High Court

High Court of Karnataka Quashes Assistant Commissioner's Order in Senior Citizens Act Case — Token Compensation of ₹5,00,000 Set Aside. Assistant Commissioner lacked jurisdiction to award compensation under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as the Act only provides for maintenance orders, not compensation.

9 Sep 2025

The petitioners, five individuals, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at...

High Court

High Court of Karnataka Quashes Slum Notification for Non-Compliance with Section 3 of Karnataka Slum Areas Act. Landowners succeed in challenging slum declaration due to lack of prior publication and consideration of objections.

19 Sep 2025

The petitioners, owners of land in Mandya District, challenged a notification dated 07.01.2013 issued by the Deputy Commissioner, Mandya, declaring th...

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