Search Results for "Order XXXVI CPC"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Order XXXVI CPC"

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Supreme Court

Supreme Court Allows Recall of Insufficiently Stamped Document Admitted in Evidence — Inherent Powers Under Section 151 CPC Can Be Invoked. The court held that admission of a document without considering its stamp duty can be recalled to prevent abuse of process, and Section 35 of the Karnataka Stamp Act, 1957 does not bar such recall.

9 Jul 2024

The case involves a civil appeal arising from a dispute over two sale deeds concerning the same property. The appellant and the respondent each claime...

High Court

NOTICE OF MOTION NO.955 OF 2018

2 May 2019

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High Court

Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Commercial Arbitration Dispute. Court upholds Tribunal's power to grant interim relief under Section 17 of Arbitration and Conciliation Act, 1996, but modifies order to balance interests of both parties.

25 Feb 2019

The judgment arises from two commercial arbitration petitions filed by Mahaguj Collieries Limited (the petitioner) under Section 37 of the Arbitration...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Bank Guarantee Dispute. Court upholds restraint on encashment of bank guarantee subject to deposit of amount, finding no perversity in the Tribunal's order under Section 37 of the Arbitration and Conciliation Act, 1996.

25 Feb 2019

The petitioner, Mahaguj Collieries Limited, filed two arbitration petitions under Section 37 of the Arbitration and Conciliation Act, 1996, challengin...

High Court

Bombay High Court Allows Remission of Court Fees for Army Officer's Wife Under State Notification — 'Wholly Dependent' Includes Physical and Emotional Support, Not Just Financial Dependence. The Court held that the Plaintiff, wife of an Indian Army Officer, was entitled to exemption from court fees under the Notification dated 11.11.1965 as she was wholly dependent on her husband, despite her past employment and assets.

4 Jul 2024

The Petitioner, the wife of an Indian Army Officer, filed Special Civil Suit No. 2401/2023 seeking declaratory relief, damages, reinstatement, and inj...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Suit for Declaration and Injunction — Held that Balance of Convenience Lies in Favour of Defendants and No Irreparable Loss Would Be Caused to Plaintiff. The plaintiff failed to establish a prima facie case for injunction under Order 39 Rules 1 and 2 CPC as the property was in the name of the partnership firm and not the plaintiff individually.

8 Feb 2013

The petitioner, Lt. Col. (Retd.) Shri Padmanabh Anantrao Panditrao, filed a suit in the Civil Judge, Senior Division, Kolhapur, seeking a declaration ...

High Court

High Court of Karnataka Allows Amendment in Suit for Specific Performance to Include Alternative Relief of Refund of Advance Amount. Amendment Sought Under Order VI Rule 17 CPC and Section 22 of Specific Relief Act, 1963 Held Permissible as It Does Not Change Nature of Suit.

9 Aug 2024

The petitioner, M/s. Samrudhi Groups, a registered partnership firm, filed a suit for specific performance of contract (O.S.No.281/2017) against the r...

High Court

Bombay High Court Dismisses Second Appeals in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court held that no substantial question of law arose as findings were based on appreciation of evidence and not perverse.

30 Nov -0001

The judgment pertains to two second appeals arising from a property dispute among members of the Desai family. The appellants, original defendants 1 t...

High Court

Karnataka High Court Quashes Trial Court Order Impounding Agreement of Sale Already Admitted in Evidence; Holds That Once Document Admitted Without Objection, Its Admissibility Cannot Be Challenged Under Karnataka Stamp Act, 1957. The District Court's Revision Under Section 58 Was Maintainable Only by Court or Deputy Commissioner, Not by Private Party.

15 Dec 2022

The writ petition was filed under Articles 226 and 227 of the Constitution of India challenging an order of the Trial Court directing impounding of an...

Supreme Court

Supreme Court Dismisses Husband's Petition in Dowry Prohibition Case Due to Statutory Immunity for Complainants. Section 7(3) of Dowry Prohibition Act, 1961 Protects Statements Made by Aggrieved Persons from Being Used to Prosecute Them for Giving Dowry, and No Independent Evidence of Cognizable Offence Was Presented.

16 Apr 2026

The dispute arose from matrimonial discord between a husband and wife, leading to criminal litigation. The wife filed FIR No. 03 of 2023 on 07.01.2023...

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