Search Results for "setting aside exparte decree"

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Madras High Court Allows Second Appeal, Remands Case for Fresh Disposal in Property Dispute. First Appellate Court Exceeded Jurisdiction by Granting Relief to Non-Appealing Defendants Without Cross-Appeal Under Section 100 CPC.

The plaintiff, G. Kannan, filed a second appeal before the Madurai Bench of the Madras High Court against the judgment and decree of the Sub Court, Bo...

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Bombay High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...

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Bombay High Court Dismisses Petitioner's Challenge to State Commission's Order Setting Aside Attachment in Consumer Dispute. Earlier writ petition challenging same order dismissed for non-prosecution; no fresh cause of action shown.

The petitioner, R.B. Upadhyay, filed a consumer complaint against Vodafone Essar Ltd. (respondent No.2) for deficiency of service on 20 March 2008, al...

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Bombay High Court Allows Writ Petition Challenging Appellate Order Setting Aside Dismissal of Suit Under Order IX Rule 5 CPC — Order IX Rule 5 CPC Held Directory, Not Mandatory, and Dismissal of Suit for Non-Service of Summons Within One Year Not Automatic Where Suit Has Progressed to Evidence Stage

The case involves a writ petition filed by Smt. Zaibunnisa and Mr. Riyazur Rahim, sister and brother, against an order passed by the 6th Additional Se...

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Bombay High Court Dismisses Husband's Appeal Challenging Family Court Jurisdiction in Divorce Petition Filed by Wife in Pune. Wife's Residence in Pune Confers Jurisdiction Under Section 19(iii)(a) of Hindu Marriage Act, 1955 as She is the Petitioner.

The appellant husband, a US citizen, married the respondent wife on 21st November 2002 in India. The marriage was registered on the same day. The part...

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Bombay High Court Dismisses Husband's Appeal Against Permanent Alimony and Residential Accommodation for Wife Under Section 25 of Hindu Marriage Act, 1955. Family Court's Order for Rs.5,000 Monthly Maintenance and Rs.3,00,000 for Housing Upheld as Husband Failed to Show Changed Circumstances.

The appellant husband and respondent wife were married under Hindu law. The Family Court dissolved the marriage by an ex parte decree of divorce under...

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Bombay High Court Dismisses Appeal and Revision by Corporation Against Arbitral Award in Contract Dispute. Court Upholds Award of Interest and Costs Under Arbitration Act, 1940, Finding No Ground for Interference Under Section 30 or Section 115 CPC.

The appellant, Maharashtra Krishna Valley Development Corporation, a corporation incorporated under the Maharashtra State Krishna Valley Development C...