Search Results for "Civil Procedure Code, 1908"

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Supreme Court Dismisses Appeal Against Rejection of Order VII Rule 11 CPC Application in Property Suit — Plaint Discloses Cause of Action and Is Not Barred by Limitation.

The present appeal arises from a property dispute over Plot No. 1480 in Ulhasnagar, Maharashtra. The appellants, original defendants, challenged the r...

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High Court of Karnataka Dismisses Appeal in Trust Property Ejectment Suit — Plaint Not Filed by Authorized Person. Suit for ejectment and mesne profits dismissed as the person filing the suit on behalf of the Trust was not duly authorized under the Trust Deed.

The appellant, Sri Shivabalayogi Maharaja Trust, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgm...

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Bombay High Court Dismisses Appeal Against Consent Order Recording Settlement in Arbitration Challenge. Parties Bound by Compromise Under Order XXIII Rules 1 & 3 CPC; No Appeal Lies Against Consent Order.

The appellant, Bhiwandi Nizampur City Municipal Corporation, entered into a contract with the respondent, M/s. Antony Waste Handling Cell Pvt. Ltd., f...

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High Court of Karnataka Allows Appeal in Credit Card Recovery Suit — Reduces Usurious Interest Rate of 2.5% per Month Compounded Monthly to 6% per Annum Simple. Contractual interest held unconscionable and against public policy under Section 34 CPC.

The appellant, B. Gopa Kumar, was a credit card holder of Canara Bank (respondent) and was issued a Cancard-Visa card in 1998. He defaulted on payment...

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Bombay High Court Dismisses Review Petition with Costs in Arbitration Appointment Case. Review Petition Found Misconceived, Mischievous, and Vexatious Under Commercial Courts Act, 2015.

The Bombay High Court dismissed a Review Petition filed by Priyanka Communications (India) Pvt Ltd and others (the Agarwals) against an order appointi...

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Bombay High Court Dismisses Grampanchayat's Challenge to Quarry Lease Renewal — No Prior Environmental Clearance Required for Renewal Under 1994 Notification. The Court held that the EIA Notification 1994 does not apply to renewals of leases granted before its enactment.

The case involves a writ petition filed by Grampanchayat Ambegaon through its Sarpanch Dattatray Maruti Marne, challenging the renewal of a quarry lea...

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Bombay High Court Dismisses Petition for Interim Measures in Slum Rehabilitation Dispute Under Section 9 of Arbitration Act, Citing Public Interest in Airport Development. Termination of Determinable Contract Not Stayed as Injunction Would Amount to Specific Performance Barred Under Specific Relief Act.

The case arose from a petition under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Housing Development and Infrastructure Limited ...