Search Results for "Order XXIII"

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High Court of Karnataka Allows Writ Petition Challenging Rejection of Compromise Petition in Partition Suit. Court Holds That Once Compromise Is Recorded Under Order XXIII Rule 3 CPC, Suit Must Be Disposed of in Terms Thereof.

The petitioners, who were defendants 2 to 4 in a partition suit (O.S. No. 55/2013) pending before the Civil Judge and JMFC, Kudligi, challenged the or...

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Bombay High Court Allows Writ Petition Challenging Scrutiny Committee's Rejection of Scheduled Tribe Certificate — Pre-Constitutional Records of 'Dhor Koli' and 'Tokre Koli' Held Synonymous Under Presidential Order Entry 28, Committee's Order Quashed.

The petitioner challenged the order of the Scheduled Tribe Certificate Scrutiny Committee (respondent no. 2) which refused to validate her 'Tokre Koli...

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High Court of Karnataka Quashes NDPS Proceedings Against Petitioner for Lack of Evidence of Conscious Possession and Commercial Quantity. Court holds that mere presence in a vehicle with contraband does not constitute possession under Section 20(b)(ii)(A) of NDPS Act without proof of knowledge and control.

The petitioner, Mr. Kalam Narendra, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of...

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Bombay High Court Dismisses Writ Petition Challenging Withdrawal of Suit Without Liberty. Plaintiff's Right to Withdraw Suit Under Order XXIII Rule 1 CPC is Absolute When No Liberty to File Fresh Suit is Sought.

The petitioner, M/s Butibori CEPT Pvt. Ltd., filed a writ petition challenging the order of the trial court dated 25.01.2021 in Special Civil Suit No....

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High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...

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Bombay High Court Dismisses Airport Operator's Challenge to Customs Regulation Requiring Bill of Entry for Export Goods. Regulation 5(2) of Handling of Cargo in Customs Areas Regulations, 2009 Held Intra Vires Customs Act, 1962 and Constitutional.

The petitioner, M/s. Mumbai International Airport Private Ltd., filed two writ petitions challenging the validity of Regulation 5(2) of the Handling o...