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High Court of Gujarat Hears Second Appeal Challenging Partial Decree in Partition Suit — Appellants Argue Suit Barred by Limitation Due to Revenue Entry Mutation in 1983.

The matter arose from a suit filed by daughters of deceased Kachraji Aataji claiming partition of ancestral properties, specifically land bearing surv...

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Bombay High Court Dismisses Petition Challenging Refusal to Stay Appeal Pending Application to Set Aside Ex-Parte Decree. Explanation to Order 9 Rule 13 CPC Does Not Confer Automatic Right to Stay; Conduct of Defendants Justified Refusal.

The petitioners, original defendants in a suit for specific performance of contract, challenged an order of the Principal District and Sessions Judge,...

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High Court of Karnataka Dismisses Revision Petition Against Order Holding Partition Suit Maintainable Despite Earlier Compromise Decree. Court Rules That a Compromise Decree Does Not Bar a Fresh Suit for Partition When the Decree Was Not Acted Upon and the Parties Continued in Joint Possession.

The petitioner, defendant No.1 in O.S.No.114/2017, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging ...

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Bombay High Court Dismisses Revision Against Execution of Foreign Court's Costs Order. Foreign judgment imposing costs is a decree enforceable under Section 44A of CPC, 1908, and the executing court cannot go behind the decree.

The Petitioner, M/s. Alcon Electronics Pvt. Ltd., challenged an order dated 15th April, 2011 passed by the learned District Judge-2, Nashik, which rej...

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NCLAT Dismisses Appeal Against Rejection of CIRP Petition Due to Settlement Agreement - Mediated Settlement Bars Insolvency Proceedings Under Section 61 of IBC, 2016

The appeal was filed by Mr. Rakesh Kumar Jain, a financial creditor, under Section 61 of the Insolvency and Bankruptcy Code, 2016, against an order da...

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Bombay High Court Dismisses Appeal in Family Court Matter Due to Non-Maintainability Under Section 19 Family Courts Act, 1984. Appeal lies only against judgment and order, not against decree, and once decree is issued proceedings attain finality.

The case involves a Family Court Appeal filed by Vishwas Narhari Sahastrabudhe against Varda Vishwas Sahastrabudhe. The respondent raised a preliminar...

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Supreme Court Allows Appeals in Pre-emption Suit, Holding That Right of Pre-emption Is a Weak Right and Must Be Strictly Proved — Plaintiff Failed to Establish Superior Right Under Punjab Pre-emption Act, 1913.

The present appeals arise from a common judgment of the Punjab and Haryana High Court dated 17.08.2007, which allowed two second appeals (RSA No.1470/...