Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Quashes Civil Court Order Allowing Filing of Reply After Refusal — Civil Court Cannot Review Its Own Order Without Statutory Authority. The court held that a Civil Court cannot sit in appeal over its own order under Order 37 CPC and set it aside without specific provision.

The petitioner, Rentworks India Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the respondent, Indi...

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High Court Examines Maintainability of Writ Petition Challenging Execution of MSME Arbitral Award on Grounds of Fraud. Court Considers Whether Execution Proceedings Can Be Quashed When Award Was Not Challenged Under Section 34 of Arbitration Act, 1996, Despite Participation in Arbitration.

The petitioner, Karnataka State Medical Supplies Corporation Limited, floated a tender for supply of drugs and disposable delivery kits. The responden...

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Gujarat High Court Allows Second Appeals in Rent Fixation Cases, Remands for Fresh Consideration. Court Holds That Appellate Court Erred in Dismissing Appeals Without Merits Under Section 11(3) of Bombay Rent Act.

The present batch of Second Appeals under Section 100 of the Code of Civil Procedure, 1908, arises from a common judgment and order passed by the lear...

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Bombay High Court Dismisses Appeal in Property Suit for Non-Prosecution. Appeal under Section 96 CPC dismissed as appellants failed to appear and no grounds were made out to interfere with the trial court's judgment.

The present First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908, challenging a judgment and decree passed by the trial court....

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Bombay High Court Hears Interim Application in Suit for Specific Performance of Family Settlement Minutes. Interim Injunction Sought to Restrain Defendants from Valuing or Buying Out Shareholding Pending Suit for Enforcement of Minutes of Discussion.

The dispute arose in the context of a family-run private limited company engaged in automobile dealerships across multiple states. The Plaintiffs and ...

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Bombay High Court Allows Transfer of Matrimonial Petition from Goa to Mumbai on Grounds of Wife's Safety and Convenience. Section 24 CPC Transfer Granted as Wife Faced Threats and Had to Flee to Mumbai with Minor Daughter.

The applicants, Smt. Irene Blanch Khera (wife) and her minor daughter Samaira Keira Glenn Souza Ticlo, filed an application under Section 24 of the Co...

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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...