Search Results for "Order XXXVII"

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Search Results for "Order XXXVII"

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High Court

Bombay High Court Quashes Compulsory Retirement of RBI Employee for Non-Application of Mind. RBI's order set aside as review committee failed to consider petitioner's representation and relied on stale adverse remarks without assessing current performance.

10 Jun 2026

The petitioner, Animesh Bakuli, was an employee of the Reserve Bank of India (RBI) who was compulsorily retired from service by an order dated 13th Fe...

High Court

Bombay High Court Dismisses Contempt Petition for Alleged Willful Breach of Consent Terms — No Willful Disobedience Established as Order Was Ambiguous and Compliance Was Substantial. The court held that ambiguity in the order must be resolved in favor of the alleged contemnor and that contempt requires proof of willful and deliberate disobedience beyond reasonable doubt.

4 May 2026

The contempt petition was filed by Dr. Hari Tulshiram Gholap and Dr. Prabiha Hari Gholap (original plaintiffs) against Shri Jitendra Rajaram Savant an...

Supreme Court

Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

1 Jan 2026

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

High Court

High Court of Karnataka Quashes Show-Cause Notice Under Section 74 of CGST Act for Lack of Jurisdiction — DGGI Officer Not Authorized as Proper Officer. The court held that only officers specifically authorized by the Commissioner can issue notices under Section 74 of the Central Goods and Services Tax Act, 2017, and the DGGI officer lacked such authorization.

16 Jul 2025

The petitioner, M/s NCS Pearson Inc., a Minnesota-based corporation, filed a writ petition under Articles 226 and 227 of the Constitution of India bef...

Supreme Court

Supreme Court Strikes Down Caste-Based Discrimination in Prison Manuals as Unconstitutional. Prison Rules Dividing Labour and Segregating Barracks by Caste Violate Articles 14, 15, 17, 21, and 23 of the Constitution.

1 Oct 2024

The petitioner, Sukanya Shantha, a journalist, filed a writ petition under Article 32 of the Constitution seeking directions for the repeal of offendi...

Supreme Court

Supreme Court Allows Appellant in Civil Appeal Against High Court's Interference Under Article 227 Constitution of India - High Court's order setting aside trial court's decision to set aside ex parte decree was quashed as unjustified interference in discretionary order under Order IX Rule 13 CPC.

11 Jan 2022

The dispute arose from a civil suit for recovery of money filed by the respondent against the appellant. The appellant contested the suit, but during ...

High Court

Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Dispute — No Grounds for Revocation Under Section 263 of Indian Succession Act, 1925. Concealment of Material Facts Not Established; Court Had Jurisdiction as Deceased's Fixed Place of Abode Was in Mumbai.

5 Apr 2019

The petitioner, Kamal Prasad, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking revocation of Letters of Administration g...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Leave to Defend in Summary Suit for Recovery of Earnest Money Under Oral Agreement. Oral Agreement for Sale Does Not Fall Within Order 37 CPC Categories, Hence Unconditional Leave to Defend Granted.

30 Jan 2018

The respondent-plaintiff filed Special Civil Suit No.120 of 2017 before the Civil Judge Senior Division, Pune, seeking recovery of Rs.12,00,000/- (inc...

High Court

High Court of Karnataka Upholds Conditional Leave to Defend in Summary Suit Under Order 37 CPC — Deposit of 50% of Suit Claim with Interest Upheld as Reasonable Condition. Court holds that while granting leave to defend, the trial court must balance the interests of both parties and can impose conditions to secure the plaintiff's claim, but such conditions must not be arbitrary or excessive.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

High Court of Bombay at Goa Allows Extension of Time to File Written Statement in Motor Accident Claim Petition — Order 8 Rule 1 CPC Not Applicable. The court held that Rule 300 of the Goa Motor Vehicles Rules, 1991 does not include Order 8 Rule 1 CPC, and the Tribunal has discretion to extend time for filing written statement under Rule 292.

12 Jan 2012

The petitioner, Mr. Braz Dias, filed a writ petition challenging an order of the Motor Accident Claims Tribunal, Margao, which rejected his applicatio...

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