Search Results for "Order XXIII"

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Supreme Court Allows Complainant's Appeal Against High Court Order Permitting Additional Evidence on Insanity Plea in Murder Case. High Court's Order Set Aside as Issue of Mental Fitness at Time of Incident Was Already Concluded by Earlier Orders.

The case arises from a criminal appeal filed by the complainant, Lakhan Singh, against an order of the High Court of Delhi. The High Court had allowed...

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High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Grounds in Known Language. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated as Grounds Were Served in English, Not in Kannada Which Detenu Understood.

The petitioner, Smt. Shylamma, mother of the detenu Abhishek @ Abhi @ Sutta, filed a habeas corpus petition under Articles 226 and 227 of the Constitu...

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High Court of Karnataka Allows Appeal by Liquidator in Recovery Suit Against Bank for Wrongful Payment After Liquidation — Bank Liable to Pay Fixed Deposit Amount to Liquidator Despite Payment to Company Director After Winding Up.

The plaintiff, Gowribidanur Sahakara Sakkare Karkhane Ltd., a co-operative society under liquidation, filed a suit for recovery of money against India...

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High Court of Karnataka Quashes Ex Parte Injunction Order for Non-Compliance with Order 39 Rule 3 CPC — Trial Court Failed to Record Reasons or Issue Notice to Defendants Before Granting Temporary Injunction.

The petitioners, who were defendants in a civil suit (O.S. No. 115/2011) pending before the Civil Judge (Jr. Dn.) and JMFC, Nagamangala, challenged an...

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Bombay High Court Allows Impleadment of Shareholders in Patent Ownership Suit — Applicants Holding 6.3% Shares Have Sufficient Interest in Subject Matter of Suit. Shareholders are proper parties under Order 1 Rule 10 CPC when the suit concerns company assets that affect share value.

The applicants, Percy Rutton Kavasmaneck and Aban Percy Kavasmaneck, filed a Chamber Summons seeking impleadment as party defendants in Suit No. 2932 ...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Suit for Specific Performance — No Fraud or Collusion Found in Consent Terms Filed by Counsel. Consent decree upheld as valid and binding under Order XXIII Rule 3 CPC.

The petitioners, Dhanaji Kashinath Shendkar and others, filed writ petitions challenging a consent decree passed in a suit for specific performance. T...