Search Results for "Recall of Order"

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Search Results for "Recall of Order"

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High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint for Non-Payment of Court Fee in Declaration Suit — Trial Court Directed to Accept Court Fee and Proceed with Suit on Merits. The Court held that rejection of plaint under Order 7 Rule 11(b) CPC is not automatic and plaintiff must be given opportunity to pay deficit court fee before rejection.

1 Feb 2023

The appellant, plaintiff in O.S. No.7602/2013, filed a suit for permanent injunction against the respondent/defendant regarding suit schedule property...

High Court

High Court of Bombay at Goa Allows Petitioner to File Written Statement in Commercial Suit Despite Delay — Emphasizes Liberal Approach Under Order VIII Rule 1 CPC and Commercial Courts Act. The court set aside orders of Commercial Court that had precluded the defendant from filing written statement, holding that the Commercial Court erred in mechanically rejecting the application for time without considering the reasons for delay and the lack of prejudice to the plaintiff.

26 Jul 2019

The petitioner, Vedanta Limited, challenged two orders of the Commercial Court at Panaji in Special Civil Suit (Commercial) No.84 of 2017. The first o...

High Court

Bombay High Court Recalls Order Dismissing Revision in Maintenance Case Due to Mistake of Fact Regarding Claim Amount. Family Court Erred in Treating Maintenance Claim as Rs.10,000 Instead of Rs.1,00,000 per Month Under Section 125 Cr.P.C.

5 Feb 2015

The applicant, Jagruti Bhatia, filed Criminal Application No.35 of 2015 seeking recall of an order dated 20.1.2015 passed by the Bombay High Court in ...

High Court

Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

6 May 2014

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

High Court

Bombay High Court Dismisses Appeal Against Recall of Order in Company Liquidation Matter — Leasehold Rights Not Transferred to Appellant Due to Lack of Evidence of Assignment. The court held that the appellant failed to establish any assignment of leasehold rights from the secured creditor, and the order dated 12 February 2013 was correctly recalled.

8 Oct 2013

The appeal arises from a judgment and order of a learned Single Judge in a company application that was moved by the Appellant for recalling an earlie...

High Court

Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

30 Jul 2013

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

High Court

Bombay High Court Dismisses Appeal Against Consent Terms in Trust Dispute — Consent Terms Dictated by Court and Signed by Parties Constitute Binding Order Even Without Formal Disposal Order. The court held that consent terms, once signed by parties and recorded by the court, attain finality and cannot be unilaterally resiled from.

27 Jun 2013

The appeal arose from an order of a Learned Single Judge dated 23 November 2012 dismissing a motion taken out by the appellant, Kiran Narottamdas Merc...

High Court

Bombay High Court Dismisses Employees' Application to File Letters Patent Appeal Against Single Judge Order Rejecting Recall of Settlement. Settlement between Company and Union Held Binding on Workmen Despite Non-Signatory Status.

11 Jul 2005

The case involves two civil applications filed by individual employees of M/s Jaysynth Anthraquinone Ltd. and M/s Jaysynth Dyechem Ltd. seeking leave ...

High Court

Bombay High Court Dismisses Petition Challenging Sale of Trust Property by Board of Trustees. Court holds that sale sanctioned by court under Bombay Public Trusts Act, 1950 cannot be challenged by beneficiaries who were not parties to the original proceedings.

6 Apr 2005

The present petition was filed by S.S. Mhatre and others seeking recall and setting aside of an order dated 11.1.1994 passed in Misc. Petition No. 43 ...

High Court

Bombay High Court Recalls Non-Bailable Warrant in Contempt Case Due to Contemnor's Presence in Court Premises. Court Stays Execution of Warrant and Lists Matter for Final Hearing.

3 Feb 2005

The petitioner, Anil S. Bhovad, filed Criminal Application No. 482 of 2005 seeking recall of an order dated 17.1.2005 by which a non-bailable warrant ...

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