Search Results for "notice under CPC"

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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...
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Search Results for "notice under CPC"

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High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court's Order on Court Fee Valuation in Partition Suit — Suit Properly Valued Under Section 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

20 Feb 2018

The petitioners, defendant Nos. 3 and 4 in a partition suit (O.S. No. 53/2010) pending before the Principal Senior Civil Judge, Udupi, filed a writ pe...

High Court

Bombay High Court Dismisses Judgment Debtors' Motion to Set Aside Insolvency Notice Based on SFC Act Order. Order under Section 31(1)(aa) of State Financial Corporations Act, 1951 is a decree or order within Section 9(2) of Presidency Towns Insolvency Act, 1909 and is executable against guarantors.

20 Jul 2015

The case involves two notices of motion filed by judgment debtors (Vikram Saboo and Shalini Saboo) seeking to set aside an insolvency notice issued by...

High Court

Bombay High Court Dismisses Writ Petition Challenging Trial Court’s Refusal to Reject Plaint in Eviction Suit; Clarifies That Distinction Between ‘No Cause of Action’ and ‘Failure to Disclose Cause of Action’ is Crucial Under Order VII Rule 11(a) CPC. The Court Held That Defences Raised by the Defendant Cannot be Considered at the Stage of Deciding an Application for Rejection of Plaint, and the Question Whether the Plaintiff Has a Sustainable Cause of Action is a Matter for Trial.

12 Oct 2018

The dispute arose from an eviction suit filed by Vithuram Shivlal Lahoti Denagi Trust against Nanji Sunderji Sejpal. The petitioner, who was the origi...

High Court

Bombay High Court Admits Arbitration Appeal Against Order Setting Aside Arbitral Award; Challenge to District Judge's Quashing of Enhanced Compensation for Non-Agricultural Land Acquired for National Highway. The Appeal Rests on Limited Scope of Section 34 of Arbitration and Conciliation Act, 1996 and Arbitrator's Power to Determine Evidentiary Weight Under Section 19(4).

5 Jun 2025

The appeal arose from a land acquisition compensation dispute concerning 0.1394 hectares of land in Survey No. 66, Village Mouza Pardi (Rithi), Tahsil...

High Court

Bombay High Court Dismisses Section 9 Petition for Interim Relief in Arbitration Dispute Over Roaming Agreement — No Prima Facie Case for Security or Attachment Established. Court held that mere breach of contract does not entitle a party to interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, unless there is a serious dispute and balance of convenience in favor of the applicant.

28 Mar 2012

The petitioner, Vodafone Spacetel Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures again...

High Court

High Court of Karnataka Allows Appeal in Suit for Declaration and Injunction — Remand Order Set Aside for Non-Compliance with Order 1 Rule 8 CPC. The appellate court's remand for public notice under Order 1 Rule 8 CPC was held erroneous as the suit was for individual rights, not representative capacity.

30 Jul 2024

The case involves a Miscellaneous Second Appeal filed under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908 (CPC) against the judgment and dec...

High Court

Bombay High Court Allows Appeal in Arbitration Reference Dispute — Holds Arbitration Clause Survives Termination of Main Contract Under Section 45 of Arbitration and Conciliation Act, 1996. Doctrine of Separability of Arbitration Agreement from Underlying Contract Applied to Refer Parties to ICC Arbitration Despite Alleged Rescission of Share Purchase Agreement by Subsequent MOU.

16 Aug 2013

The appeal arises from a judgment of a Learned Single Judge of the Bombay High Court dismissing a petition filed by the Appellant, Mulheim Pipecoating...

High Court

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.

21 Jul 2011

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

High Court

High Court of Judicature at Bombay, Nagpur Bench Hears Second Appeals Challenging Public Auction Order in Partition Suit. Court Frames Substantial Questions on Validity of Sale Before Final Decree Under Order 21 CPC and Section 2 of Partition Act, 1893.

21 Jan 2022

The litigation arose from a suit for partition, Special Civil Suit No.29/1996, filed by Anantrai Ramashankar Upadhyay, which was decreed on 13 October...

High Court

Madras High Court Allows Civil Revision Petition in Suit Stay Case Under Section 10 CPC — Concurrent Suits Not Barred When Reliefs Are Different. The court held that for a stay under Section 10 CPC, the matter in issue must be directly and substantially the same; different reliefs and causes of action preclude the application of the provision.

6 Jan 2026

The case involves a Civil Revision Petition filed by the plaintiff, G.S. Gunasekar, against an order of the District Munsif Court, Udumalpet, which st...

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