Search Results for "exparte proceedings"

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High Court of Karnataka Quashes Trial Court Order Rejecting Agreement of Sale in Specific Performance Suit — Document Admissible Without Formal Proof Under Section 294 CrPC. Objection to admissibility of document must be raised at time of marking; failure to object results in waiver.

The petitioners (plaintiffs) filed a suit for specific performance of an agreement of sale against the respondents (defendants). During trial, the pla...

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Bombay High Court Dismisses Union of India's Appeal in Motor Accident Claim — Ex-Parte Award Upheld Due to Lack of Sufficient Evidence to Challenge Negligence Finding. Station Diary Entry Held to Have Only Corroborative Value, Not Substantive Evidence, Under Indian Evidence Act, 1872.

The case arises from a motor accident claim filed by Dnyaneshwar Mangesh Bagkar (claimant) against the Union of India (appellant) as owner of the offe...

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High Court of Karnataka Quashes Trial Court Order in Succession Case for Lack of Jurisdiction to Reopen Probate Proceedings. Letters of Administration cannot be revoked under Section 263 of the Indian Succession Act, 1925 without a properly instituted petition and notice to all parties.

The petitioner, Smt. Gajalakshmi, sought Letters of Administration in respect of the last will and testament of her paternal uncle, Radhakrishna Reddy...

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Bombay High Court Sets Aside Arbitral Award for Violation of Natural Justice — Denial of Personal Hearing and Non-Joinder of Necessary Party. Section 34 of Arbitration and Conciliation Act, 1996 invoked to challenge award passed without hearing the borrower and without impleading the sister concern.

The petitioner, Rajesh Tiwari, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award dated 29 ...

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Bombay High Court Grants Injunction in Quia Timet Action for Passing Off Based on Distinctive Bottle Shape of Vodka. Shape of a bottle can be protected as a trademark or get-up if it has acquired distinctiveness and is likely to cause confusion.

The plaintiff, Gorbatschow Wodka KG, a German company manufacturing Vodka, filed a quia timet action against John Distilleries Limited alleging that t...

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Bombay High Court Dismisses Company's Challenge to Reinstatement with 50% Backwages and Workman's Challenge to Enquiry Validity in Industrial Dispute. Labour Court's Finding of Non-Perverse Enquiry Upheld, Reinstatement with Partial Backwages Affirmed Under Industrial Disputes Act.

The judgment involves two writ petitions arising from an industrial dispute between Siemens Limited (the company) and its workman, Babulal Ramlal Walm...

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Bombay High Court Dismisses Revision Against Waqf Tribunal Order, Upholds Concurrent Findings on Waqf Property. Court holds that Civil Court has no jurisdiction to entertain suit regarding waqf property in view of Section 85 of the Maharashtra Waqf Act, 1995.

The applicant, Linker Shelter Pvt. Ltd., filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the or...