Search Results for "Civil Procedure Code, 1908"

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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...

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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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High Court Sets Aside MACT Order Deleting Insurance Company in Motor Accident Claim -- Premature Deletion Without Evidence Violates Natural Justice -- Reinstatement of Party for Proper Adjudication Under Motor Vehicles Act

The High Court of Bombay at Goa allowed a writ petition challenging an order of the Motor Accidents Claims Tribunal (MACT) that deleted Bajaj Allianz ...

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Bombay High Court Allows Petition Challenging Rejection of Application to Reject Plaint in Suit for Specific Performance. Suit for specific performance of agreement for sale filed after ten years from the stipulated date of performance is barred by limitation under Article 54 of Limitation Act, 1963.

The petitioners, who were defendants in a suit for specific performance, challenged an order of the City Civil Court, Mumbai, which rejected their app...

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Bombay High Court at Goa Dismisses Petition Challenging Rent Controller's Inquiry into Landlord-Tenant Relationship Under Section 35 of Goa Rent Control Act. Court upholds Rent Controller's jurisdiction to decide preliminary issue of relationship before granting relief of restoration of electricity.

The case involves a dispute between Shri Pandurang Damodar Kamat (Petitioner) and Shri George Veerampully (Respondent) regarding the restoration of el...

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High Court of Karnataka Upholds Trial Court's Refusal to Pass Judgment on Admissions in Property Suit. Order XII Rule 6 CPC Judgment on Admissions Cannot Be Based on Disputed Facts Requiring Trial.

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...