Search Results for "material procedural irregularity"

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Bombay High Court Dismisses Review Application in Second Appeal for Failure to Frame Substantial Question of Law — Error Not Apparent on Record. Non-formulation of substantial question of law under Section 100(4) CPC is a procedural irregularity correctable in appeal, not review under Section 114 CPC.

The applicants, Park View Cooperative Housing Society Ltd. and Vinayak Narayan Ghatate, were the respondents in Second Appeal No.110/2011 before the B...

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High Court of Karnataka Hears Writ Petition on Removal from TPE Caution List: Alleged Violation of Natural Justice and Procedural Guidelines. Court Reserves Orders after Considering Petitioner's Grievance Regarding Inclusion in Caution List Without Proper Forum Evaluation.

The petitioner, a chartered engineer and government-approved valuer, filed a writ petition under Articles 226 and 227 of the Constitution of India see...

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High Court of Bombay at Goa Dismisses Petitioners' Challenge to Homologation of Partition in Inventory Proceedings. Failure to Appeal Rejection of Objections to Auction Bid by Power of Attorney Renders Order Final, Precluding Challenge at Final Homologation Stage.

The dispute arose out of inventory proceedings initiated upon the death of Paulo Bartholomeu Mendes, in which the petitioners claimed an interest thro...

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High Court of Karnataka Quashes Lower Appellate Court's Order Allowing Amendment of Written Statement in Remanded Civil Appeal. Procedural Irregularity Found as Application Decided Independently Without Simultaneous Hearing with Main Appeal, Contravening Settled Principles Under Section 96 CPC.

The writ petition arose from a civil suit concerning property rights. The plaintiff filed a suit for partition and declaration, which was decreed by t...

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KAHC010822332025_1

The Division Bench of the High Court of Karnataka heard two intra-court writ appeals filed by M/s MP24 Construction Company, the lead member of a cons...

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Bombay High Court Allows Second Appeal in Advertising Dispute Due to Procedural Irregularity in Lower Appellate Court. Failure to Consider Written Submissions and Denial of Oral Hearing Vitiated the Appellate Judgment.

The appellant, M/s. Navhind Papers and Publication Ltd., a newspaper publisher, filed a suit against the respondents, Akshar Enterprises and its propr...

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High Court of Bombay at Goa Dismisses Petition Challenging Auction of Mineral Block Due to Technical Glitch. Alleged Portal Failure Not Sufficient to Invalidate Auction Where Petitioner Failed to Demonstrate Prejudice and Did Not Follow Up After Initial Technical Issue.

The petitioner, Agravanshi Private Limited, challenged the auction process for Cavorem-Maina Mineral Block No. XVIII conducted by MSTC Limited on beha...

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Bombay High Court Allows Revision, Sets Aside Order Rejecting Discharge Application for Non-Compliance with Sections 226 and 227 Cr.P.C. — Mandatory Hearing Before Framing of Charge in Sessions Case

The revision petitioner, Balam Gulab Pathan, was the original accused in a sessions case for the offence punishable under Section 302 of the Indian Pe...