Search Results for "Order XXIII"

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High Court of Karnataka Quashes Detention Order in Habeas Corpus Petition for Non-Compliance with Procedural Safeguards Under Karnataka Prevention of Dangerous Activities Act, 1985. Failure to Communicate Grounds of Detention in Language Known to Detenue Renders Detention Unlawful.

The petitioner, Dil Shad, wife of Huseen Kabeer, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India challenging th...

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Bombay High Court Allows Decree-Holder's Execution Against Pendente Lite Purchaser in Possession Suit. Held that a purchaser pendente lite is bound by the decree and can be dispossessed in execution under Order 21 Rule 35 CPC without a separate suit.

The petitioner, Kashinath Ramji Shinde (since deceased, represented by legal heirs), filed a suit in 1987 seeking possession, declaration, and mesne p...

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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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Bombay High Court Dismisses Appeal by Cooperative Society Challenging Land Acquisition for Municipal Road. Land Reserved for Road in Development Plan Cannot Be Used for Other Purposes Under Maharashtra Regional and Town Planning Act, 1966.

The appellant, Ambernath Sahakari Samudayik Shetki Society Limited, filed a Letters Patent Appeal against the dismissal of its writ petition challengi...

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Bombay High Court Dismisses Petition Challenging DRAT Order Rejecting Condonation of 856-Day Delay in Filing Appeal Against Decree on Admission. Petitioner's Withdrawal of Timely Appeal and Subsequent Delay Not Justified as Sufficient Cause Under Section 5 of Limitation Act, 1963.

The Petitioner, MSTC Limited, a Government of India Enterprise, filed a Writ Petition challenging the order dated 9 November 2022 passed by the Debt R...

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High Court of Karnataka Allows Revision Petition, Restores Suit Dismissed as Withdrawn Without Consent of All Plaintiffs in Representative Suit Under Order I Rule 8 CPC. Suit filed under Order I Rule 8 CPC cannot be withdrawn by some plaintiffs without consent of all and without court permission.

The petitioners, original plaintiffs No.5, 7, and 9, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) chal...

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Bombay High Court Allows State's Petition Challenging NCLT Order De-freezing MPID Attached Accounts. MPID Act Overrides IBC for Attachment and Confiscation of Properties of Financial Establishments.

The State of Maharashtra, through the Deputy Collector and Competent Authority (NSEL), filed a writ petition under Articles 226 and 227 of the Constit...

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Bombay High Court Holds Appellate Court Cannot Routinely Enhance Compensation Without Claimant's Appeal or Cross-Objections in Motor Accident Claims. Enhancement Permissible Only in Manifestly Unjust Awards Under Section 168 of Motor Vehicles Act, 1988.

The case arises from a First Appeal under the Motor Vehicles Act, 1988, filed by United India Insurance Co Ltd against an award of the Motor Accident ...