Search Results for "amendment rules 2022"

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High Court of Karnataka Examines Validity of Notifications Altering Reservation Categories for Municipal President Elections. Unavailability of Reserved Category Candidates Prompts State to Permit Broader Category, Challenged as Unilateral Executive Action.

These writ petitions challenged notifications issued by the State Government and Deputy Commissioners altering reservation categories for the posts of...

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Bombay High Court Allows Appeal in Motor Accident Claim — Sets Aside Ex-Parte Decree Due to Invalid Service of Summons. Service by affixture without prior attempt at personal service held invalid under Order V Rule 17 CPC, and ex-parte decree set aside under Order IX Rule 13 CPC.

The appellant, M/s Arjun Travels, a sole proprietorship concern, was the owner of a vehicle involved in a motor accident. The respondents, being the l...

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High Court of Karnataka Dismisses Appeal in Specific Performance Case — Ex-parte Decree Set Aside Due to Improper Service of Summons. First Appellate Court's Order Restored as Trial Court Failed to Comply with Order V Rule 17 CPC.

The appellant/plaintiff filed a suit for specific performance of contract (O.S.No.126/2007) alleging that the respondent/defendant executed an agreeme...

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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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Supreme Court Allows Cross-Appeals Against Remand Order in Arbitration Matter — Power of Appellate Court Under Section 37 of Arbitration Act Examined. The Court held that an appellate court under Section 37 cannot remand a Section 34 petition for fresh hearing but must decide the appeal on merits.

The dispute arose from a development agreement concerning a slum rehabilitation scheme in Mumbai. The appellant, Bombay Slum Redevelopment Corporation...

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Supreme Court Dismisses Appeal in Cheque Dishonour Case Due to Contradictory Evidence and Failure to Rebut Presumption. Appellant failed to prove legally enforceable debt as cheque was issued as security and loan transaction not reflected in income tax returns.

The appellant, Sri Dattatraya, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Sharanappa...