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Found 1977 result(s)

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Gujarat High Court Quashes Revenue Entries Cancellation Orders for Violation of Natural Justice. Petitioner's Property Rights Restored as Ex-Parte Cancellation Without Notice Held Illegal Under Articles 14, 19, 300A, 226, 227 of Constitution.

The petitioner, Thakkar Yogeshbhai Amritlal, filed a petition under Articles 14, 19, 300A, 226, and 227 of the Constitution of India challenging multi...

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Gujarat High Court Allows Transfer of Family Suit from Gandhinagar to Rajkot in Wife's Favor Under Section 24 CPC. Transfer Granted Due to Convenience of Wife Who Has Multiple Proceedings Pending at Rajkot and No Independent Means to Travel.

The applicant, Varsha Chandubhai Rathod, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transf...

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Bombay High Court Dismisses Review Applications in Ceiling Act Case — Purchasers from Surplus Land Owner Not Entitled to Review as No Error Apparent on Record. The court held that purchasers cannot claim better rights than their vendor and that review is not an appeal in disguise.

The judgment concerns two review applications (Miscellaneous Civil Application No.81/1999 and No.86/1999) filed by purchasers of agricultural land fro...

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Bombay High Court Dismisses Writ Petitions Challenging Cooperative Society Registration and Minister's Order — Upholds Validity of Registration Under Maharashtra Cooperative Societies Act, 1960. Petitioners lacked locus standi and alternative remedy was available, hence writ petitions not maintainable.

The judgment pertains to two writ petitions filed by cooperative housing societies and their members challenging the registration of another cooperati...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and injunction dismissed as plaintiff failed to prove title and possession.

The appellant, Aravind S/o Krishnaji Kulkarni, filed Regular Second Appeal No.161/2002 against the judgment and decree dated 4.9.2001 passed in R.A.No...

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High Court of Karnataka Quashes Registrar's Order and Sale Deed in Co-operative Society Dispute — Violation of Natural Justice and Bye-laws. Petitioner's Membership and Right to Property Upheld as Registrar Failed to Provide Hearing Before Approving Transfer of Shares and Sale of Site.

The petitioner, Smt. Siddamma, aged 75, is the wife of late S.K. Narasimhaiah and a member of Bhavani Housing Co-operative Society Limited (respondent...

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High Court of Karnataka Dismisses Second Appeal in Property Dispute Between Brothers — Sale Deed Held Valid and Binding. Plaintiff Failed to Prove Agreement of Sale and Possession, Suit for Specific Performance Barred by Limitation.

The plaintiff, Sri Ramakrishnappa, filed a second appeal against the concurrent judgments of the trial court and the first appellate court dismissing ...