Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Hears Civil Revision Against Wakf Tribunal's Declaration of Mutawali and Permanent Injunction. Revision Applicant Contests Jurisdiction of Wakf Tribunal to Decide Mutawali Status Under Hyderabad Atiyat Inquiries Act, 1952.

Background: The dispute revolves around the management and control of a wakf property, Dargah Hazrat Mansoor Shah Wali in Beed. The plaintiff claimed ...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Order IX Rule 9 CPC Bar Not Applicable When Earlier Suit Dismissed for Default Without Adjudication on Merits.

The case involves a Civil Revision Application filed by the original defendant, Chandrakant Bhaurao Waghmare, challenging an order dated 29.04.2019 pa...

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Bombay High Court Dismisses Civil Revision Application by Tenants in Eviction Suit Under Bombay Rent Act — Maintainability of Suit by Unregistered Society Upheld. Concurrent Findings on Bona Fide Requirement Under Section 13(1)(g) Not Interfered With as No Perversity Shown.

The present civil revision application arose from an eviction suit filed by respondent No.1, Parit Samaj Seva Mandal, an unregistered society, through...

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High Court of Karnataka Allows Appeal by University of Agricultural Sciences in Land Title Dispute — Plaintiff Fails to Prove Title and Possession. Suit for Declaration and Possession Dismissed as Plaintiff's Title Not Established and Earlier Injunction Suit Dismissed for Non-Identity of Property.

The case involves a dispute over land measuring 2 acres 20 guntas in Jakkur Plantation, Bangalore. The plaintiff, Smt. Saroja Gupta, claimed to be the...

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Supreme Court Remands Original Side Suit to High Court for Fresh Adjudication Due to Lack of Reasoned Judgment. Lack of Reasons by Trial and Appellate Courts Violated Principles of Judicial Procedure Under Order XLIX Rule 3(5) of the Civil Procedure Code, 1908, and Necessitated Setting Aside of Decrees.

The dispute arose after the death of the appellant's husband, an attorney-at-law. The first respondent filed a suit on the original side of the Calcut...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection and Permission to Sue Under Section 91 CPC — Public Nuisance and Suit by Private Persons for Public Property Upheld

The petitioner, Omkar Pandit Bankar, filed a civil revision application challenging two orders passed by the Civil Judge, Junior Division, Jamner in R...

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Bombay High Court Allows Arbitration Petition and Appoints Sole Arbitrator in Equipment Supply Dispute — Respondent's Failure to Appoint Arbitrator Justifies Court Intervention. Existence of Arbitration Clause Confirmed; Court's Role Limited to Section 11(6) of Arbitration and Conciliation Act, 1996.

The petitioner, Master Drilling India Private Limited, entered into an Equipment Supply Agreement dated 01.10.2021 with the respondent, Sarel Drill & ...