Search Results for "Order XLIII CPC"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not B...

Search Results for "Order XLIII CPC"

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High Court

Bombay High Court Dismisses Union's Challenge to Tribunal Order Refusing to Treat Company's Closure Application as Withdrawn. Held that the Tribunal's refusal was not perverse and the Union's application was premature under Section 25-O of the Industrial Disputes Act, 1947.

9 Jan 2024

The judgment concerns two writ petitions filed by the General Motors Employees Union challenging an order of the Industrial Tribunal dated 28.04.2023 ...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Case, Restoring Interim Order for Sale of Mortgaged Property. The Court held that the interim order directing steps for sale without final orders was warranted to protect the secured creditor's rights under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as the respondent had defaulted on credit facilities.

18 Apr 2023

The appeal arose from a dispute between Punjab & Sind Bank (appellant) and M/s Frontline Corporation Ltd. (respondent) concerning the sale of mortgage...

High Court

Bombay High Court Allows Bank's Writ Petition Challenging Dismissal of Appeal for Default in Payment of Court Fees - Restoration of Appeal Ordered. The court held that dismissal for default in payment of deficit court fees was perverse and directed restoration of the appeal on merits, emphasizing a liberal approach to ensure justice.

7 Dec 2022

The petitioner, ICICI Bank Limited, filed a Writ Petition under Articles 226 and 227 of the Constitution of India challenging an order dated December ...

High Court

High Court of Karnataka Examines Maintainability of Writ Petition Against State Consumer Commission Order in Dispute Over Electricity Tariff Reclassification. Petitioners, an electricity supply company, challenged the State Commission's order, but respondents argued that the Consumer Protection Act, 2019 provides an alternative remedy of appeal to the National Commission, raising the issue of whether the High Court should entertain the writ petition.

17 Oct 2022

The Mangalore Electricity Supply Company Ltd. (petitioners) filed a writ petition under Articles 226 and 227 of the Constitution challenging the order...

Supreme Court

Supreme Court Allows Tenant's Appeal in Rent Control Vacancy Dispute — Revision Against Vacancy Order Held Maintainable Despite Earlier Writ Dismissal. The Court held that an order notifying vacancy is only a step in the process of allotment and can be challenged along with the final order under Section 18 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

1 Jan 2020

The appeal arises from a rent control dispute concerning House No.61/8, Ground Floor, Green Pasture View, Landhour Bazar, Mussoorie. Rashid Ahmed was ...

High Court

Bombay High Court Allows Restoration of Suit Dismissed for Default Against Legal Heirs of Deceased Defendant. Order 22 Rule 4 CPC does not require separate summons to legal representatives already on record, and dismissal for default was improper.

10 Oct 2019

The petitioner, Samaj Bhushan Griha Nirman Sahkari Sanstha, filed a suit for specific performance of an agreement dated 16/05/1988 against Shankar Nag...

Supreme Court

Supreme Court Allows Electricity Board to Complete Sub-Station in Land Dispute Case. Balance of Convenience and Public Interest Outweighs Alleged Possession Claims.

4 Jan 2019

The dispute pertains to a land measuring about 3.61 acres in Jamshedpur, Jharkhand. The respondents (plaintiffs) claimed that their mother, late Smt. ...

High Court

Bombay High Court Allows Appeal Against Dismissal of Temporary Injunction in Property Dispute — Plaintiffs Established Prima Facie Case and Irreparable Injury. Court held that the trial court erred in dismissing the injunction application without considering the plaintiffs' possession and the balance of convenience, directing status quo to be maintained pending the suit.

10 Aug 2018

The present appeal arises from an order dated 26/3/2018 passed by the learned Ad-hoc District Judge-I, FTC, Mapusa, dismissing the application for tem...

High Court

Bombay High Court Allows Appeal Against Remand Order in Will Cancellation Suit — Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23 CPC by Remanding Without Setting Aside Ex Parte Decree on Proper Grounds.

8 Mar 2017

The appellant, original plaintiff, filed a suit for declaration that a registered Will-Deed dated 12th August 2011 executed by her late husband was vo...

High Court

Bombay High Court Dismisses Civil Revision Application in Trust Membership Dispute — Upholds Trial Court's Refusal to Amend Plaint After Issues Were Framed. Amendment Sought to Add New Grounds of Challenge Against Trust Elections Was Barred by Delay and Would Change the Nature of the Suit Under Order 6 Rule 17 CPC.

26 Jul 2005

The case arises from a civil revision application filed by the original plaintiffs (applicants) against the rejection of their application for amendme...

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