Search Results for "previously instituted suit"

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Search Results for "previously instituted suit"

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High Court

High Court of Karnataka Allows Appeal Against Ex Parte Decree in Commercial Suit — Appellant Granted Leave to Contest on Merits Subject to Deposit of 25% of Decretal Amount. Setting Aside of Ex Parte Decree Conditioned on Payment of Costs and Deposit to Secure Plaintiff's Interest Under Order IX Rule 13 CPC.

7 Nov 2025

The appellant, M/s Sugam Packing Industries, was the defendant in a commercial suit (Com.O.S.No.15/2024) filed by the respondent, M/s Tiwnkle Impex, s...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Order in Execution Proceedings. Judgment Debtor's Application Under Section 151 CPC for Recalling Order Dated 10.07.2024 Was Rightly Dismissed as Not Maintainable.

8 Jul 2025

The petitioner, M/s Pushpam Realty, a partnership firm, is the judgment debtor in Execution No.1075/2020 pending before the III Additional City Civil ...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Preliminary Decree Granting 1/3rd Share to Plaintiffs. Court holds that plaintiffs established their claim over ancestral property and that the suit was not barred by limitation.

9 Apr 2025

The appeal arises from a preliminary decree passed in O.S.No.32/2015 by the Senior Civil Judge, Sirsi, decreeing the suit for partition. The plaintiff...

Supreme Court

Supreme Court Allows Appeal of Paschimanchal Vidyut Vitran Nigam Ltd. in Insolvency Case — Holds That Statutory Charge Under Electricity Supply Agreement Survives Liquidation and Must Be Respected Under IBC. The Court ruled that a charge created under Section 53 of the Electricity Act, 2003 read with contractual terms is not extinguished by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016, and the liquidator must treat the appellant as a secured creditor.

1 Jan 2023

The appellant, Paschimanchal Vidyut Vitran Nigam Ltd. (PVVNL), a state electricity distribution company, entered into an electricity supply agreement ...

High Court

Bombay High Court Allows Landlord's Writ Petition in Rent Control Case — Appellate Court's Reversal of Eviction Decree Set Aside for Ignoring Evidence of Bona Fide Need and Default. The court held that the appellate court failed to properly consider the landlord's bona fide requirement and the tenant's default in payment of rent under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

8 Jan 2015

The petitioners, Subhash Narsopant Saundankar and Mangilal Laxman Saundankar, are the legal representatives of the original landlord Shantabai, who fi...

Supreme Court

Supreme Court Allows Appeal by Decree Holder in Specific Performance Suit — Compromise Decree Held Executable Despite Alleged Lack of Court Verification. Executing Court Cannot Go Behind Decree Under Section 47 CPC Unless Decree is a Nullity on Face of Record.

1 Dec 2014

The Supreme Court allowed the appeal filed by the decree holder (Rehan Ahmad) against the judgment of the Rajasthan High Court, which had set aside th...

High Court

Parsi Chief Matrimonial Court Holds That Evidence in Parsi Divorce Suits May Be Recorded Before a Commissioner Under CPC Order 18 Rule 4(2) — Section 46 of Parsi Marriage & Divorce Act, 1936 Does Not Mandate In-Court Recording with Delegates.

3 Apr 2014

The case involved a suit filed under the Parsi Marriage & Divorce Act, 1936, by Rohinton Panthaky against Armin R. Panthaky. During the proceedings, a...

High Court

Bombay High Court Dismisses Suit Challenging Expulsion of Club Member — Expulsion Upheld as Valid and Not Violative of Natural Justice. Member's Defamatory Conduct and Misconduct Justified Expulsion Under Club Bye-laws.

31 Jul 2013

The Plaintiff, Jaisingh Choraria, a member of The National Sports Club of India since 1989, filed a suit challenging his expulsion from the Club. The ...

High Court

Bombay High Court Allows Revision Application in Copyright Dispute Over Film Pakeezah Songs — Assignment of Musical Rights Held Valid and Exclusive. The petitioner, as assignee of sole and exclusive musical recording rights under an agreement dated 13th February 1971, was entitled to exploit the rights without interference from the original plaintiff.

22 Sep 2011

The petitioner, Saregama India Limited (formerly Gramophone Company of India Limited), filed a civil revision application challenging an order passed ...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff Partnership Firm in Suit for Recovery of Outstanding Amounts Under Order XXXVII CPC. Defendant's Application for Leave to Defend Rejected Due to Lack of Triable Issues and Failure to Disclose Substantial Defense.

6 May 2010

The plaintiff, Harilal & Co., a partnership firm registered under the Indian Partnership Act, 1932, filed Summary Suit No.3037 of 2007 in the Bombay H...

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