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Search Results for "trial court order"

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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

High Court of Judicature at Bombay Hears Challenge to DRAT Order Upholding DRT Dismissal of Recall of Ex-Parte Decree in Debt Recovery Proceedings. Petitioners Contend Non-Service of Summons and Advocate's Mere Filing of Vakalatnama Cannot Waive Service, Which Is Essential for Written Statement.

12 Sep 2022

The matter before the High Court of Judicature at Bombay arose from writ petitions challenging the judgment of the Debt Recovery Appellate Tribunal da...

Supreme Court

Supreme Court Dismisses Special Leave Petition Against Delhi High Court’s Unconditional Stay of Money Decree Under Order XLI Rule 5 CPC. Execution of Trademark Infringement Money Decree Stayed Without Deposit Pending Appeal, Upheld by Apex Court Citing Sufficient Cause.

24 Sep 2025

The dispute arose from a civil suit instituted by Lifestyle Equities C.V. and anor, claiming to be the proprietor of the Beverly Hills Polo Club trade...

Supreme Court

Supreme Court Dismisses Appeal Against Extension of Time to Deposit Sale Consideration in Specific Performance Decree. Doctrine of Merger Applies When Appellate Court Restores Trial Court Decree Without Fixing Time for Deposit.

10 Feb 2025

The case involves four connected civil appeals arising from a common judgment of the High Court of Punjab & Haryana dated 09.09.2022, which dismissed ...

High Court

High Court of Karnataka at Bengaluru Examines Challenge to Advocate General’s Refusal of Consent for Criminal Contempt Proceedings Under Section 15(1)(b) of the Contempt of Courts Act, 1971. Writ Petition Filed Under Articles 226 and 227 of the Constitution Alleges Non-Application of Mind and Abuse of Process of Court by Respondents in Property Dispute.

18 Sep 2019

The writ petition arises from a property dispute concerning Sy.No.200/2 at Kudlu Village, Bengaluru. The petitioner, H. Munireddy, alleged that respon...

High Court

Karnataka High Court Quashes Preventive Detention Order Under Karnataka Act for Twelve Months in First Instance. Detention Order Held Illegal as Contravening Proviso to Section 3(2) and Supreme Court Precedent in Cherukuri Mani; Detenu Ordered Released.

18 Nov 2016

The petitioner, Yallappa, a poor coolie living with his wife and children in Raichur, was detained under the Karnataka Prevention of Dangerous Activit...

Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

High Court

Bombay High Court Dismisses Application for Arrest of Judgment Debtor in Execution of Foreign Decree — Conversion Rate for Decretal Amount Must Be Determined Before Arrest. The court held that before ordering arrest under Order 21 Rule 37 CPC, the exact amount payable in Indian rupees must be ascertained when the decree is in foreign currency.

13 Aug 2013

The Bombay High Court dealt with three chamber summons arising out of execution proceedings of a foreign decree. The original suit was filed in Englan...

High Court

Division Bench of Bombay High Court Hears Appeals from Single Judge Order Refusing to Set Aside Ex-Parte Decree in Summary Suit. Ex-Parte Decree Passed in Diamond Supply Suit Under Order XXXVII CPC After Defendants Failed to Comply with Conditional Deposit Order.

27 Feb 2017

The dispute arose from a summary suit filed by Sailam BVBA, a Belgian partnership firm, against Helios Jewellery Pvt Ltd (Defendant No.1) and its four...

High Court

High Court of Karnataka Hears Habeas Corpus Petition Challenging Preventive Detention under Goonda Act – Allegations of Non-Supply of Documents and Procedural Violations. Detenu Contends That Order Lacks Subjective Satisfaction and Fails to Comply with Section 10 and Section 3(2) Proviso of the Karnataka Prevention of Dangerous Activities Act, 1985.

14 Aug 2025

The writ petition under Articles 226 and 227 of the Constitution of India was filed by the wife of the detenu, Md. Rustum Ahmed @ Rustum, challenging ...

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