Search Results for "civil suit dismissal"

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Bombay High Court Allows Revision in Muslim Divorce Case — Civil Court Lacks Jurisdiction Over Dahej Recovery Under Muslim Women Act. Section 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986 provides exclusive remedy before Magistrate for return of property given at or before marriage.

The case involves a civil revision application filed by the original defendants (applicants) against an order of the Civil Judge, Senior Division, Dar...

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High Court of Karnataka Allows Appeal in Property Fraud Case, Reversing Dismissal of Suit for Declaration and Injunction. The court found that visible discrepancies in sale deeds and police complaint established fraud, making handwriting expert opinion not mandatory under evidence law.

The dispute arose from a suit filed by the plaintiff seeking declaration that four sale deeds executed in 2018 were null and void and not binding on h...

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High Court of Bombay Examines Legality of Registered Sale Deed Lacking Vendor's Signature at Designated Place in Second Appeal. The appeal raises substantial questions of law regarding proof of execution and limitation where the vendor's signature was absent at the execution place but present elsewhere.

The appellant filed a second appeal challenging the appellate court's reversal of the trial court's dismissal of a suit for cancellation of a register...

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Bombay High Court Dismisses Revision Under Section 115 CPC Due to Alternate Remedy Under Maharashtra Rent Control Act. Order rejecting plaint under Order VII Rule 11(d) CPC affects substantive rights and is revisable under Section 34(4) of the MRC Act.

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 was filed by the applicants (defendants) challenging an ...

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Bombay High Court Dismisses Writ Petition Challenging Execution Decree in Property Suit — No Interference Under Article 226 as Petitioner Failed to Show Error in Concurrent Findings. The court upheld the executing court's order for delivery of possession, finding no merit in the petitioner's objections.

The petitioner, Chandrabhaga Damodar Vanjari (since deceased, through LRs), filed a writ petition under Article 226 of the Constitution of India chall...

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Madras High Court Allows Revision Against Dismissal of Commissioner Appointment in Partition Suit — Failure to Consider Application on Merits. Order XXVI Rule 9 CPC Requires Application of Mind and Recording of Reasons Before Dismissing Application for Appointment of Advocate Commissioner.

The petitioner, N. Nithyanandan, filed a Civil Revision Petition under Article 227 of the Constitution of India challenging the order dated January 20...

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High Court of Karnataka Allows Petition to Implead Legal Representatives in Suit for Partition and Injunction — Application Under Order 22 Rule 3 CPC Read With Section 151 CPC Held Maintainable Despite Dismissal of Suit for Default.

The petitioner, Smt. Savithramma (since deceased, represented by her legal representative Sri. R.M. Sudarshan), filed a writ petition under Article 22...