Search Results for "striking off pleadings"

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Article 227 Cannot Override Order VII Rule 11 CPC | Supreme Court Restores Plaint Wrongly Struck Off by High Court (2026 INSC 121)

The Supreme Court held that the High Court erred in striking off the plaint under Article 227 of the Constitution when a specific remedy under Order V...

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Bombay High Court Sets Aside Order Striking Off Defence in Easement Suit — Inquiry Required Before Penalty Under Order XXXIX Rule 2A CPC. The court held that striking off defence is a harsh order and can only be passed after an inquiry establishing wilful disobedience of an injunction order.

The appellants, original defendants in a suit for easementary rights, challenged an order of the Civil Judge, Senior Division, Quepem dated 16.9.2020,...

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Bombay High Court Dismisses Petition Challenging Rule M-3 of DCPR for Satara Region as Ultra Vires. Rule requiring 12m wide access road for plot subdivision is a valid development control regulation under MRTP Act, 1966 and does not amount to uncompensated acquisition.

The petitioners, Suhas Shridhar Shahane and Subhash Kondiram Sawant, landowners in Satara, filed a writ petition under Article 226 of the Constitution...

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Karnataka High Court Addresses Writ Petitions Challenging Dismissal and CGIT Order in BEL Strike Case. Allegations of Abusive Conduct and Obstruction During Strike Result in Dismissal Under Certified Standing Orders.

The workman, formerly an Accountant at Bharat Electronics Limited, was dismissed from service following a strike on 11 December 2013. He joined the co...

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Bombay High Court Dismisses Probate Suit as Attesting Witnesses Deny Testator's Presence During Execution. Will Not Proved in Solemn Form Due to Non-Compliance with Section 63(c) of Indian Succession Act, 1925.

The dispute concerned the estate of Sahadev Deraj Shah, who died on 5th January 1998. His second wife, Shobhana, and the executors propounded a Will d...

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Bombay High Court Dismisses Writ Petition Challenging Striking of Election Petition Paragraphs in Municipal Election Dispute. Court upholds that vague allegations of corrupt practices without specific details of consent by the returned candidate are liable to be struck off under Order VI Rule 16 CPC.

The petitioner, Eknath Bayaji Gadkari, filed an election petition under Section 33(1) of the Mumbai Municipal Corporation Act, 1888, challenging the e...

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Supreme Court Examines Appeals Concerning Kudankulam Nuclear Power Plant, Addressing Safety and Regulatory Measures Under Atomic Energy Act, 1962. The Court Deliberates on Balancing National Energy Policy with Public Apprehensions Stemming from Past Nuclear Incidents.

The case centers on appeals related to the establishment of a nuclear power plant at Kudankulam in Tamil Nadu. The judgment begins by acknowledging th...