Search Results for "Civil Jurisdiction"

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High Court Dismisses Writ Petition in Criminal Matter Due to Availability of Alternate Remedy. Order Rejecting Application Under Section 156(3) of Criminal Procedure Code is Final and Revisable Under Section 397, Making Writ Petition Under Article 226 Read with Section 482 Not Maintainable.

The dispute originated from Kotak Mahindra Bank Ltd. (the petitioner) filing an application under Section 156(3) of the Criminal Procedure Code before...

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Bombay High Court Dismisses Writ Petition Challenging Execution of Eviction Decree Based on Civil Death Declaration. Objections under Section 47 CPC Held Not Maintainable After Decree Attains Finality.

The petitioners, Jaibunissa and Abdul Hamid Khan, were tenants of premises owned by Salimuiddin Khan. Salimuiddin had inducted them on a long lease. A...

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Bombay High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Possession and Title Upheld. Court holds that findings of fact by lower courts on possession and title cannot be interfered with in second appeal under Section 100 CPC unless perverse or based on no evidence.

The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) over land in Udatare, Talu...

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High Court of Karnataka Dismisses Appeal Against Arbitral Award in Employment Bond Dispute. Compensatory cost clause for premature resignation held not unconscionable under Section 74 of Indian Contract Act, 1872.

The appellants, Mr. Vivek R Nair and Mr. Raveendran Nair, were the plaintiffs in an arbitration suit (AS No.85/2012) before the 6th Additional City Ci...

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Bombay High Court Allows Recovery Suit for Cotton Price and Interest — Contract Deemed Accepted Under Clause 33. The court held that the defendant was liable to pay the price of cotton bales and other charges with interest at 20% per annum.

The plaintiff, The Cotton Corporation of India Ltd., filed a suit for recovery of Rs.15,78,006.49 along with interest at 20% per annum against the def...

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Bombay High Court Allows Builder's Appeals Against Interim Injunction in Specific Performance Suits — Agreements to Sell Not Concluded as Essential Terms Remained Unsettled. The court held that without a concluded contract, no prima facie case exists for interim injunction under Specific Relief Act, 1963.

The appellant, M/s Rupji Constructions, a partnership firm engaged in construction business, entered into several agreements to sell with various flat...