Search Results for "pleading defects"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "pleading defects"

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High Court

High Court of Karnataka Dismisses Petition for Correction of Decree After 17 Years — Amendment Sought to Change Survey Number in Judgment and Decree Rejected as Barred by Res Judicata and Lack of Jurisdiction Under Section 152 CPC. The court held that the correction of a clerical error under Section 152 CPC cannot be used to alter the subject matter of a suit that has been finally adjudicated.

6 Sep 2018

The petitioner, Parashuram, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 30.08.2016 passed by the ...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Sale Set Aside for Material Irregularity in Conduct of Auction. Order XXI Rule 90 CPC requires that sale be conducted with proper notice and opportunity to judgment-debtors; failure to serve notice and conduct sale at spot without prior intimation constitutes material irregularity.

10 Feb 2017

The appellants, Sri L. Nanjunda Murthy and Sri L. Nagaraj, were judgment-debtors in Execution No.3242/2014 pending before the XXXI Additional City Civ...

High Court

High Court of Karnataka Dismisses Appeal Under Section 37 of Arbitration and Conciliation Act, 1996 Against Dismissal of Section 34 Application as Time-Barred. Limitation for Filing Application Under Section 34(3) Runs from Receipt of Award; Suit Filed Within Extended 30-Day Period Without Showing Sufficient Cause for Delay Cannot be Entertained.

26 Nov 2019

This appeal arose from the dismissal of an arbitration suit filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbit...

High Court

Karnataka High Court Dismisses Legal Representatives' Appeal in Land Acquisition Compensation Case Due to Unexplained Delay and Procedural Lapses. Legal Representatives' Failure to Seek Leave to Appeal and Filing a False Affidavit Precluded Condonation of Delay Under Section 5 of Limitation Act, 1963.

5 Nov 2025

The case arose from the acquisition of land belonging to H.D. Lokeshaiah in Halanuru village, Tumakuru Taluk, for the construction of the Hemavathi Ca...

High Court

Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

16 Sep 2015

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

High Court

High Court Quashes Trial Court Order Rejecting Secondary Evidence Application in Specific Performance Suit. Trial Court Directed to Permit Plaintiffs to Lead Evidence of Lost Agreement to Sell Upon Establishing Foundational Facts Under Section 65 of the Indian Evidence Act, 1872.

1 Oct 2019

This writ petition under Article 227 of the Constitution of India was filed by the original plaintiffs against an order of the trial court rejecting t...

High Court

COMMERCIAL ARBITRATION PETITION(L) NO. 6451 OF 2020

16 Mar 2022

The High Court of Judicature at Bombay, Commercial Division, pronounced judgment on 16 March 2022 in a petition filed under Section 34 of the Arbitrat...

High Court

Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

3 Jul 2024

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

Supreme Court

Supreme Court Restores Second Appeals in Specific Performance Cases, Emphasizes Liberal Approach to Condonation of Delay and Setting Aside Abatement to Advance Substantial Justice. The Court set aside the High Court's dismissal of substitution and condonation applications, restoring the appeals for hearing on merits.

3 Mar 2025

The Supreme Court of India heard two civil appeals arising from second appeals pending before the Allahabad High Court since 1977. The underlying disp...

Supreme Court

Supreme Court Dismisses State's Appeal in Disciplinary Proceedings for Violation of Natural Justice and Procedural Rules. The Court upheld the Tribunal's order setting aside punishment due to non-compliance with U.P. Government Servants (Discipline and Appeal) Rules, 1999, including failure to examine witnesses, supply documents, and seek extension of court-stipulated time.

23 Apr 2025

The appeal arose from a challenge by the State of Uttar Pradesh against a High Court order dismissing its writ petition, which had sought to overturn ...

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