Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Bombay High Court Allows Restitution to Judgment Debtor in Execution Case Despite Decree Modified Only as to Interest. Decree Holder Auction Purchaser Not Entitled to Protection Under Section 144 of Code of Civil Procedure, 1908.

The case involves a second appeal arising from a suit for recovery of money. The original plaintiffs (Respondent Nos. 1-3) filed Special Civil Suit No...

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Bombay High Court Dismisses Second Appeal in Gift Deed Cancellation Suit — Concurrent Findings of Non-Execution Upheld. Gift Deed Allegedly Obtained by Fraud on Illiterate Executant; Burden of Proof Not Discharged by Donee.

The appellant-defendant (Dattatray Narayan Aher) challenged the concurrent judgments of the trial court and first appellate court decreeing the suit f...

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Bombay High Court Considers Transfer Application Under CPC Section 24 in Trademark Infringement Suit — Maintainability of Interim Application Questioned. Registrar of Trade Marks' Status as Subordinate Court Under CPC and Proper Forum for Transfer Application Examined.

The matter concerns an application for transfer of trademark rectification proceedings from the Registrar of Trade Marks to the Bombay High Court, to ...

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High Court Allows Transfer of Husband's Family Suit from Ahmedabad to Jetpur on Wife's Application and Consent of Parties. Transfer Granted Under Section 24 of Code of Civil Procedure, 1908 as Respondent Showed No Resistance.

The applicant-wife filed a miscellaneous civil application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Family Suit No. 2...