Search Results for "Order XXIII"

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Gujarat High Court Dismisses Appeal Against Rejection of Plaint in Property Suit — Suit Barred by Limitation and Res Judicata. Order VII Rule 11 CPC Application Allowed as Plaint Discloses No Cause of Action and is Time-Barred.

The present appeal was filed by the original plaintiff against the order of the trial court dated 01.10.2025 rejecting the plaint in Special Civil Sui...

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High Court of Karnataka Dismisses Appeals Against Execution Court Order in Property Dispute — Upholds Dismissal of Application to Set Aside Auction Sale for Lack of Material Irregularity. Execution Court's Refusal to Set Aside Sale Under Order XXI Rule 90 CPC Upheld as No Substantial Injury Was Proved.

The case involves two Regular First Appeals (RFA No. 100051/2021 and RFA No. 100140/2021) filed before the High Court of Karnataka, Dharwad Bench, aga...

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Bombay High Court Holds Caste Certificate Must Be from Native Place Authority in Scheduled Tribe Claim Case. Full Bench Answers Reference Affirmatively, Overruling Niraj More's View on Jurisdictional Validity of Caste Certificates.

The case arose from a reference made by a Division Bench in Rajendra Thakur v. State of Maharashtra, which disagreed with the earlier Division Bench d...

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Bombay High Court Dismisses Tenants' Petitions Challenging Eviction Decree in Suit for Possession Based on Lease Termination. Concurrent Findings of Fact Upheld as No Substantial Question of Law Under Section 115 CPC Arises.

The judgment pertains to three writ petitions filed by tenants (M/s Spring Fresh Drinks Pvt. Ltd., M/s Raskunj, and M/s Kale Gas Company) against the ...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC.

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises...

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Bombay High Court Upholds Industrial Court Order for Full Back Wages and Retrenchment Compensation to Workmen in Unfair Labour Practice Case. Company's Claim of Financial Difficulty and Closure Not Sufficient to Deny Workmen's Entitlement Under MRTU & PULP Act, 1971.

The petitioner, D.G.P.Windsor (India) Ltd., challenged an order dated 22nd September 2005 passed by the Industrial Court, Thane in Complaint (ULP) No....

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Bombay High Court Dismisses Appeal by Occupier in Company Liquidation - Licence Created After Winding Up Petition is Void. Official Liquidator Entitled to Recover Possession from Trespasser Despite Deemed Tenancy Decree.

The appeal arises from an order of a Single Judge of the Bombay High Court in a company application filed by Respondent No.3 (original applicant) agai...

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Supreme Court Decides on the Validity of Arbitral Award Covering Foreign Immoveable Properties Excluded from Preliminary Decree in a Partition Suit. Construction of Reference to Arbitration under Section 21 of the Indian Arbitration Act, 1940 Clarified.

The dispute arose from a partition suit filed by the respondent, Subramaniam Chettiar, against his brother, Nachiappa Chettiar, and his sons (appellan...