Search Results for "setting aside exparte decree"

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KAHC010122492015_1

The writ appeal arises from an order dated 29.09.2015 passed by a Single Judge in W.P.No.42727/2013 (SC/ST) which dismissed the writ petition challeng...

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Supreme Court Dismisses State's Appeal, Upholds High Court Quashing of Dismissal Order of Head Constable for Violation of Natural Justice. Presiding Officer's Dual Role as Witness Renders Inquiry Void, Certiorari Available Despite Existence of Alternative Remedy.

The State of Uttar Pradesh appealed against a High Court order quashing the dismissal of Mohammad Nooh, a Head Constable. Nooh was dismissed after a d...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and injunction dismissed as plaintiffs failed to prove title and possession over suit property.

The appellants (plaintiffs) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree ...

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Bombay High Court Dismisses Writ Petition Challenging Eviction Decree for Unauthorised Subletting Under Maharashtra Rent Control Act. Subtenant failed to prove lawful subletting as tenant did not obtain landlady's written consent under Section 15 of Maharashtra Rent Control Act, 1999.

The case involves a writ petition filed under Article 227 of the Constitution of India by the original defendant no.2 (petitioner no.1) and defendant ...

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Supreme Court Considers Maintainability of Writ Petitions Against Armed Forces Tribunal Orders Under Article 226. High Court reversed Tribunal orders and granted relief; statutory appeal mechanism under Sections 30 and 31 of Armed Forces Tribunal Act, 2007 argued to exclude writ jurisdiction.

In these connected civil appeals, the Supreme Court was confronted with the issue of maintainability of writ petitions under Article 226 of the Consti...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Holds That Payments Made to Authorized Representatives of Partnership Firm Are Valid Under Contract Act. Burden of Proof Shifts to Defendants When Plaintiff Proves Payment to Persons Held Out as Authorized in Brochure.

The case involves a second appeal filed by the original plaintiff, Mr. Sharad Prabhudas, against the judgment of the First Appellate Court which rever...

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Karnataka High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court holds that no substantial question of law arises when both lower courts have concurrently found that the plaintiffs failed to prove title and possession.

The appellants, who were the plaintiffs in the original suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challengin...