Search Results for "Ex-parte Decree"

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High Court of Karnataka Dismisses Revision Petition in Cheque Dishonour Case — Conviction and Sentence Upheld. Accused's defence of loan repayment and signature denial rejected due to lack of evidence and admission of signature.

The petitioner, Narasimhan, was convicted under Section 138 of the Negotiable Instruments Act, 1881 by the XXIV Additional Chief Metropolitan Magistra...

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High Court of Karnataka Allows Appeal Against Execution Court Order Dismissing Application to Set Aside Auction Sale for Non-Compliance with Order XXI Rule 84 CPC. Failure to Deposit 25% of Purchase Money on the Same Day as Sale Renders Auction Void.

The appellants, who were judgment debtors in execution proceedings, filed an application under Order XXI Rule 90 read with Section 151 CPC to set asid...

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High Court of Karnataka Allows Divorce on Ground of Desertion After 21 Years of Separation — Marriage Held to Be Dead and Irretrievably Broken Down. Long separation of 21 years and wife's failure to explain desertion established wilful desertion under Section 13(1)(ib) of Hindu Marriage Act, 1955.

The appellant-husband, K. Mallikarjuna, filed a petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking divorce from his wife, H. A....

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High Court of Karnataka Considers Appeals Against Vacation of Temporary Injunction in Property Partition Dispute. Grandchildren Seek Share in Ancestral Properties Alleging Attempts to Alienate Suit Properties.

The matter pertains to two appeals filed against the order of the XIV Additional City Civil Judge, Bengaluru, dated 26 September 2019, in Original Sui...

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Bombay High Court Allows Cooperative Bank's Petition Against Setting Aside of Ex Parte Award Against Principal Borrower. Principal Borrower Cannot Participate in Proceedings Without Depositing Loan Amount.

The case involves two writ petitions filed by Rupee Cooperative Bank Limited against Vijaya Paints Pvt. Ltd. and others. The bank had obtained an ex p...

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Bombay High Court Dismisses Appeal by Videocon Industries Against Winding Up Order for Non-Payment of Guarantee Debt to Italian Bank. Patronage Letter Held to Be a Guarantee Under Indian Contract Act, 1872, and Claim Not Time-Barred.

The case involves an appeal by Videocon Industries Limited against an order of the Company Judge directing payment of Rs.259.73 crores to Intesa Sanpa...

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High Court of Judicature at Bombay Adjudicates Petition Seeking Removal of Executors for Alleged Misconduct and Conflict of Interest in Administration of Estate. Court Hears Submissions on Allegations of Illegal Occupation and Misappropriation of Bequeathed Property.

Background: The dispute arose from the administration of the estate of Ramanlal Gokal, who died on 22nd March 2007 leaving a will dated 25th January 2...

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Bombay High Court at Goa Allows Writ Petition Challenging Execution Order in Eviction Suit — Mundkar Claim Rejected, Adverse Possession Not Proven. The executing court erred in dismissing execution on the ground of adverse possession when the decree was valid and the issue was already decided.

The petitioners, Miss Aura Serafina Crispina de Souza and Miss Agnes Felicia de Souza, are the original decree-holders who obtained an eviction decree...

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Bombay High Court Considers Restitution Plea in Testamentary Proceedings. Alleged Fraudulent Consent Terms Discharge Court Receiver Without Court Order; Applicants Seek Possession Restored.

The dispute arose from the estate of Shalini Devi Ghatge, who died on 12.08.1982 leaving two wills. One will dated 06.01.1982 was propounded by the ex...