Search Results for "Section 114 CPC"

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Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...

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High Court of Karnataka Dismisses Review Petitions in Land Dispute Case — No Error Apparent on Face of Record. Review petitions under Order 47 Rule 1 read with Section 114 CPC dismissed as petitioner failed to establish any error apparent on the face of the record or discovery of new evidence.

The judgment pertains to two review petitions filed by Sri. Prakash Gangaram (represented by GPA holder Sri. Subbaramaiah) against the Deputy Commissi...

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Supreme Court Partially Allows Appeal in Recovery Suit Against Sick Industrial Company — Suspension of Proceedings Under Section 22(1) of SICA Does Not Bar Suit for Unadmitted Debt. High Court's Grant of 24% Compound Interest Reduced to 12% Simple Interest.

The case involves a dispute between Fertilizer Corporation of India Ltd. (FCIL), a public sector undertaking, and M/s Coromandal Sacks Private Limited...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Substantial Question of Law Not Arising as Courts Below Correctly Appreciated Evidence and Applied Section 100 CPC.

The appellant, Sri Masood Ahamed Baig, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment...

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High Court Dismisses Review Petition with 1495 Days Delay in Arbitration Appointment Case — No Sufficient Cause Shown for Inordinate Delay.

The present review petition was filed by Electronics & Controls Power Systems Private Limited under Order 47 Rule 1 read with Section 114 of the Code ...

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High Court of Bombay at Aurangabad Allows Correction of Clerical Error in MACT Judgment — Mistake in Identifying Driver as Owner of Vehicle. Section 166 Motor Vehicles Act, 1988 — Tribunal's refusal to correct error set aside; liability shifted to insurance company.

The petitioners, original respondent Nos. 1 and 2 in a Motor Accident Claim Petition, challenged an order of the Motor Accident Claims Tribunal dated ...

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Bombay High Court Allows Defendants to File Written Statement Beyond 120 Days in Pre-2015 Commercial Suit. Mandatory timeline under Commercial Courts Act, 2015 does not apply retrospectively to suits filed before the Act and transferred to Commercial Division.

The Bombay High Court addressed a preliminary legal question in a Notice of Motion arising from a Commercial Suit. The suit was originally filed in 20...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Amendment Application in Disposed Appeal. Order 6 Rule 17 CPC cannot be invoked after disposal of appeal; Section 152 CPC is not available for amendment of pleadings.

The petitioner, Smt. Suguna, was the plaintiff in O.S. No. 234/2006 on the file of the II Additional Senior Civil Judge, Bengaluru Rural District. The...