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High Court

High Court of Karnataka Allows Appeal in Property Injunction Case — Sets Aside Trial Court Order for Non-Compliance with Order 39 Rule 3A CPC. Appellant's Application for Temporary Injunction Restoring Possession of Suit Property Remanded for Fresh Consideration with Mandatory Compliance of Order 39 Rule 3A CPC.

16 Jul 2025

The appellant, Smt. Yashodamma, filed a Miscellaneous First Appeal under Order 43 Rule 1(s) of the Code of Civil Procedure, 1908 (CPC), challenging th...

High Court

Bombay High Court Appoints Court Receiver as Administrator Pendente Lite in Testamentary Suit Due to Executor's Incarceration and Risk to Estate. The court held that under Section 247 of the Indian Succession Act, 1925, an administrator pendente lite can be appointed when the executor is unable to act, to preserve the estate pending determination of the suit.

3 Oct 2024

The dispute arises from the estate of Timothy D'Souza, who died on 7 April 2003. The plaintiff, Lalit D'Souza, propounded a Will dated 14 March 2003 a...

High Court

Bombay High Court Allows Compromise Between Plaintiffs and Defendant Nos.8-11 in Property Suit — Consent Terms Accepted Despite Objections from Other Defendants. Partial Settlement Under Order XXIII Rule 3 CPC Does Not Affect Rights of Non-Settling Defendants Who May Continue to Contest the Suit.

22 Feb 2024

The suit was filed by 35 plaintiffs seeking a declaration that they are purchasers of certain property. The matter was listed for settlement as the pl...

High Court

High Court of Karnataka Quashes FIR Against Public Trust in SC/ST Act Case — Allegations of Caste-Based Insult Found Baseless as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989. The court held that the essential ingredients of the offence were not made out and the FIR was an abuse of process.

23 Aug 2018

The petitioner, Padmabhushana Dr. M.C. Modi Public Trust, represented by its sole trustee Subhash Chandra M Modi, filed a criminal petition under Sect...

High Court

Bombay High Court Allows Petition to Set Aside Termination of Arbitral Proceedings and Constitute New Arbitral Tribunal Under Sections 9 and 14 of Arbitration and Conciliation Act, 1996 — Delay Condoned Due to Sufficient Cause Shown by Legal Heirs of Deceased Partner.

12 Aug 2015

The petitioners, Neeta Lalit Sanghavi and Hemanshu Lalit Sanghavi, are the legal heirs of the deceased partner, Lalitkumar Vanmalidas Sanghavi. They f...

High Court

Bombay High Court Grants Leave to Trustees to Prosecute Eviction Suit Despite Court Receiver's Appointment — Leave Held Not Required for Period When Receiver Was Not in Possession. The Court held that since the Court Receiver was never in actual possession of the suit flat, the Applicants did not require leave to continue the RAE Suit under Section 80 CPC.

16 Jun 2015

The Applicants, as Trustees under an Indenture of Trust dated 6th October 1937, are the owners and landlords of a building known as 'Dhun Abad' at 106...

High Court

Bombay High Court Dismisses Petition Challenging DRAT Order Upholding DRT's Refusal to Condon Delay in Filing Appeal Against Recovery Certificate. The court held that the petitioner failed to show sufficient cause for the delay of over 7 years in filing the appeal under Section 20(3) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

29 Aug 2012

The petitioner, Manilal Govindji Khona, a sole proprietor of Messrs. Prisiko Cotton Traders, filed a writ petition challenging the order dated 10.4.20...

High Court

Bombay High Court Dismisses Employer's Petition and Allows Workmen's Petition in Gratuity and Bonus Dispute. Employer's Liability Under Payment of Gratuity Act, 1972 and Industrial Disputes Act, 1947 Continues Despite Partnership Dissolution and Court Receivership.

13 Sep 2006

The judgment involves two connected writ petitions arising from the same factual matrix concerning a partnership firm, Daulatram Dyeing and Bleaching ...

High Court

Bombay High Court Dismisses Judgment Debtor's Objection to Execution of Decree Based on Jurisdictional Challenge Under Section 39(4) CPC. Court Holds That Section 39(4) CPC Does Not Bar Execution by the Court That Passed the Decree When the Property Is Situated Outside Its Local Limits.

20 Apr 2005

The present chamber summons arose out of a suit filed by ICICI Ltd, as Debenture Trustees, against Kothri Industrial Corporation Ltd and others for re...

High Court

Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

30 Nov -0001

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...

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