Search Results for "Regular Civil Suit"

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Search Results for "Regular Civil Suit"

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High Court

High Court of Bombay at Nagpur Allows Revision Application by Bank in SARFAESI Act Jurisdiction Dispute — Civil Court Suit Barred Under Section 34 of SARFAESI Act, 2002. Allegations of Fraud Must Be Specific and Supported by Material to Bypass Statutory Remedy Before Debt Recovery Tribunal.

29 Apr 2010

The case involves a civil revision application filed by Punjab National Bank (original defendant) against an order of the District Judge, Chandrapur, ...

High Court

High Court of Karnataka Quashes Trial Court Order Issuing Regular Summons in Summary Suit — Directs Fresh Summons Under Form No.4 CPC. Court Holds That in a Summary Suit Under Order XXXVII CPC, the Trial Court Must Issue Summons in Form No.4 and Cannot Suo Motu Decide Maintainability at the Stage of Issuing Summons.

13 Aug 2025

The petitioner, engaged in the business of gems and jewellery, filed a suit under Order XXXVII of the Code of Civil Procedure, 1908, seeking summary r...

High Court

Bombay High Court Reviews Civil Revision Challenging Trial Court's Refusal to Reject Plaint in Partnership and Specific Relief Act Dispute. The Revision Application Asserts That Plaint Lacks Cause of Action and Is Barred by Section 34 of Specific Relief Act, 1963, Order 23 Rule 3A CPC, and Indian Partnership Act, 1932, But Final Outcome Is Not Stated in Available Excerpt.

13 Oct 2021

The matter before the Bombay High Court arose from a Civil Revision Application filed by the defendants in Regular Civil Suit No. 11 of 2020 against a...

High Court

Nagpur Bench of Bombay High Court Adjudicates Appeal Against Trial Court's Dismissal of Suit on Ground of Limitation. The Suit Sought Declarations That a 1946 Will Prohibited Alienation of Property and That a 2012 Sale Deed Was Void.

22 Sep 2017

The matter arose from a civil suit filed by Anand Madanmohan Jaiswal (appellant) against Smt Pratibha w/o Rammohan Jaiswal and M/s Shewalkar Developer...

High Court

High Court of Karnataka Adjudicated Regular First Appeals Against Partly Decreed Suit for Declaration. State of Karnataka and Town Municipal Council Challenged Trial Court Judgment in Original Suit No. 07/2008 Under Section 96 of Code of Civil Procedure, 1908.

29 Apr 2025

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High Court

Bombay High Court Allows Appeal in Bombay Public Trust Act Suit for Declaration and Possession, Dismisses Suit as Property Not Trust Property. Earlier Suit for Injunction Dismissed for Lack of Jurisdiction Did Not Bar Subsequent Suit Under Order 2 Rule 2 CPC, and Suit Was Within Limitation.

3 Dec 2018

The dispute pertained to a claim by Seth Kasturmal Dalsukh Dharmashala, a registered public trust, that certain property at Dondaicha, District Dhule,...

High Court

Bombay High Court Dismisses Revision Against Order Rejecting Setting Aside of Ex-Parte Decree in Encroachment Suit. Court Holds That Petitioner Failed to Prove Non-Service of Summons and Alleged Collusion, and Application Under Order IX Rule 13 CPC Was Without Substance.

20 Sep 2006

This civil revision application arose from an order rejecting an application to set aside an ex-parte decree in a suit for possession, damages, and ma...

High Court

High Court of Bombay at Nagpur Dismisses Second Appeal in Property Dispute Involving Nominal Sale Deed and Bank's Securitization Proceedings. Civil Court's jurisdiction barred under Section 34 of SARFAESI Act, 2002 for challenging bank's attachment notice under Section 13(2).

24 Apr 2014

The appellants, Smt. Savita Bhagwantrao Patil and Chaitanya Bhagwantrao Patil, were the original plaintiffs in a suit filed before the 6th Joint Civil...

High Court

Bombay High Court Allows Counter Claim in Suit for Perpetual Injunction — Order 8 Rule 6A CPC Permits Set-Off or Counter Claim Even in Injunction Suits. The court held that a counter claim arising from the same transaction cannot be excluded with liberty to file a fresh suit, as it would lead to multiplicity of proceedings.

19 Jan 2015

The petitioners, who were defendants in Regular Civil Suit No. 561 of 2014, challenged an order passed by the trial court under Order 8 Rule 6A and 6C...

High Court

Bombay High Court Dismisses Writ Petition Challenging Temporary Injunction in Property Dispute — Sale During Pendency of Suit Held Subject to Lis Pendens. The Court upheld the concurrent findings of the trial and appellate courts that the purchasers failed to establish a prima facie case for injunction as the sale was hit by lis pendens under Section 52 of the Transfer of Property Act, 1882.

28 Nov 2013

The petitioners, Manoj Ratilalbhai Chouhan and his wife Rajashri, filed a suit for declaration of ownership and permanent injunction in respect of Sho...

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