Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Allows Appeal by Judgment-Debtor in Electricity Dues Recovery Suit Due to Lack of Service of Summons. Decree Set Aside as Appellant Was Not Served Summons and Had No Opportunity to Defend, Violating Principles of Natural Justice.

The appellant, Shashikant s/o Eknath Choudhari, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment a...

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Bombay High Court Dismisses Appeal Against Appointment of Receiver in Suit for Specific Performance — Appellant's Alienation of Property During Pendency of Suit Held Contumacious. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applied to Protect Plaintiffs' Rights.

The appeal arose from an order appointing a Receiver over a property in a suit for specific performance and permanent injunction. The plaintiffs (resp...

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High Court of Karnataka Dismisses Writ Petition Challenging Refusal to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

The petitioner, Krishnamurthy, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 30.09.2015 passed by t...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower appellate court's decree confirming plaintiff's title and possession based on sale deed and adverse possession.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, arising from a property dispute. The original plaintiff (sin...

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Bombay High Court Dismisses Petition Challenging No-Confidence Motion Against Trust Office Bearers. Scheme of Administration Does Not Prohibit No-Confidence Motion; Resolution Valid Under Maharashtra Public Trusts Act, 1950.

The petitioners, Lakhichand Marotrao Dhoble and Kisangopal Chunnilalji Gandhi, were the Chairman and Treasurer respectively of a public trust named Sh...

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High Court of Gujarat Hears Appeal Against Rejection of Interim Injunction in Trademark Infringement and Passing Off Suit. The Court Examines Whether Trial Court Erred in Denying Interim Protection Despite Registered Device Mark and Alleged Joint Use of the 'Kshetrapal' Mark.

The dispute centered on the use of the trademark 'Shree Kshetrapal' / 'Kshetrapal Construction' by two individuals in the construction business in Guj...

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High Court of Karnataka Allows Petition in Stamp Duty Dispute Over Arbitral Interim Order. Court Holds That an Order Under Section 17 of Arbitration and Conciliation Act, 1996 Is Not an 'Award' Under Article 11 of Karnataka Stamp Act, 1957, and Thus No Stamp Duty Is Payable.

The petitioners, Mrs. Shaila Mathias and Mrs. Yasmine Felix, filed a writ petition under Article 227 of the Constitution of India challenging an order...

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High Court of Karnataka Allows Petition Challenging Stamp Duty on Arbitrator's Interim Order. The court held that an order under Section 17 of the Arbitration and Conciliation Act, 1996 is not an 'award' under Article 11 of the Karnataka Stamp Act, 1957, and thus no stamp duty is payable.

The petitioners, Mrs. Shaila Mathias and Mrs. Yasmine Felix, filed a writ petition under Article 227 of the Constitution of India challenging an order...