Search Results for "Appeal From Order"

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Search Results for "Appeal From Order"

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High Court

Bombay High Court Allows Appeal Against Injunction in Property Dispute — Appellant Not Bound by Memorandum of Understanding Between Plaintiff and Defendant No.1. Court holds that an injunction cannot be granted against a party who is not a signatory to the agreement and whose title is not disputed, under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908.

30 Jun 2005

The appeal arose from an order dated 21-4-2005 passed by the City Civil Court at Mumbai in Notice of Motion No.1006 of 2005 in Short Cause Suit No.124...

High Court

Bombay High Court Dismisses Appeal Against Trial Court's Finding of Pecuniary Jurisdiction in Suit for Declaration and Injunction. Court holds that valuation for jurisdiction is determined by the relief claimed in the plaint, not by the defendant's objections.

17 Jan 2005

The appellant, Nehalchand Laloochand Pvt. Ltd., filed a suit in the Bombay High Court seeking a declaration that certain agreements were void and for ...

High Court

Bombay High Court Dismisses Condonation of Delay Application in Civil Appeal Due to Lack of Sufficient Cause. Delay of 30 Days in Filing Appeal Against Judgment in R.C.S. No. 241 of 2005 Not Explained with Affidavit or Medical Certificate.

27 Sep 2011

This judgment concerns a civil application filed by the applicants (original defendants in counterclaim) seeking condonation of delay in filing an app...

High Court

Bombay High Court Dismisses Appeal Against Remand Order in Property Suit — Trial Court's Judgment Set Aside for Failure to Frame Issues and Consider Evidence. Lower Appellate Court's Remand Under Order 41 Rule 23 CPC Upheld as Proper Exercise of Power to Prevent Failure of Justice.

27 Oct 2010

The case involves a property dispute over land Survey No. 50 admeasuring 26 acres 4 gunthas situated at village Asadullabag. The original plaintiff, K...

High Court

Bombay High Court Allows Appeal in Land Encroachment Case — Remands for Fresh Consideration of Mesne Profits and Measurement Evidence. The court found that the lower appellate court failed to properly appreciate the DILR measurement report and the claim for mesne profits, warranting remand.

19 Oct 2010

The appellants, original plaintiffs, filed R.C.S. No. 31 of 1985 against the respondents for recovery of an encroached portion of land and mesne profi...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Amendment and Adjournment in Civil Suit — No Interference with Discretionary Orders Under Order VI Rule 17 and Order XVII Rule 1 CPC.

13 Dec 2022

The appellants, original defendants in a civil suit, filed an appeal challenging two orders passed by the Civil Judge Senior Division, Gangakhed: (1) ...

High Court

Bombay High Court Holds Appeal from Order Maintainable Against Food Safety Appellate Tribunal Decisions Under Section 71(6) of FSS Act, 2006. The Court ruled that appeals lie to the civil side of the High Court and can be filed as an Appeal from Order under Section 104 CPC read with Order 43 Rule 1.

23 Dec 2022

The State of Maharashtra, through its Food Safety Officer, filed an Appeal from Order before the Bombay High Court challenging a judgment and order da...

High Court

Bombay High Court Dismisses Appeal Against Interim Injunction in Land Development Dispute — Trial Court's Order Restraining Obstruction to Possession Upheld. The court held that the trial court's order under Order 39 Rules 1 and 2 CPC was based on prima facie findings of possession and balance of convenience, and no interference was warranted under Order 43 Rule 1(r) CPC.

15 Mar 2022

The appeal arose from an interim injunction order dated 17th June, 2019 passed by the trial court in Special Civil Suit No. 353/2019. The respondent-p...

High Court

Bombay High Court Dismisses Appeal by Bank of India Against Rejection of Plaint Rejection Application in Commercial Suit. Court holds that jurisdiction of civil court is not barred under Section 19(6) to (10) of Recovery of Debts and Bankruptcy Act, 1993 when suit is for recovery of money by a non-banking entity against a bank.

15 Dec 2023

The appeal was filed by the Bank of India and its Authorized Officer (Defendants) under Section 13(1A) of the Commercial Courts Act, 2015, challenging...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Specific Performance Suit. No Prima Facie Case for Injunction When Possession Not Delivered and Agreement Ambiguous.

10 Nov 2023

The appellant, Sanjay Suganchand Kasliwal, proprietor of Kasliwal Construction, filed an Appeal from Order under Order 43 Rule 1(r) of the Code of Civ...

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