Search Results for "cross objections maintainability"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "cross objections maintainability"

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High Court

High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

5 Mar 2012

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

High Court

Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

18 Oct 2013

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

High Court

High Court of Karnataka Dismisses Revision Petition Against Arbitral Tribunal Order as Not Maintainable Under Section 115 CPC. Arbitral Tribunal Held Not a Court Subordinate to High Court, Hence Revision Not Maintainable.

22 Nov 2013

The petitioner, The Karnataka Jesuit Educational Society, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC)...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Execution Maintainability — Land Grant Alienation Permission Lapsed Before Sale Deed Execution. The court held that objections as to maintainability of execution petition based on expiry of alienation permission are to be raised before the executing court, not by way of writ petition under Article 227.

21 Aug 2019

The petitioners, who were the 2nd and 3rd judgment debtors in Execution Petition No.2/2017, filed a writ petition under Article 227 of the Constitutio...

High Court

High Court of Karnataka Quashes Order Rejecting Application Under Section 151 CPC for Reopening of Evidence — Trial Court Failed to Exercise Jurisdiction Under Article 227. The court held that inherent powers under Section 151 CPC can be invoked to reopen evidence to secure ends of justice, and the trial court's refusal to allow the plaintiff to be examined in person was a failure to exercise jurisdiction.

31 Oct 2017

The petitioner, Smt. Jabeena Hussaini, represented by her power of attorney holder, filed a writ petition under Article 227 of the Constitution of Ind...

High Court

High Court of Karnataka Dismisses Appellants' Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Agreement of Sale Dated 21.4.2002 Proved by Plaintiff; Defendant's Legal Representatives Failed to Show Perversity in Lower Courts' Findings.

2 Jun 2017

The appellants, legal representatives of the original defendant in O.S. No. 216/2005, challenged the judgment and decree dated 18.7.2013 passed in R.A...

Supreme Court

Supreme Court Dismisses Special Leave Petition in Cooperative Bank Pension Dispute on Ground of Non-Maintainability Due to Prior Dismissal of SLP Against Same Judgment. The Bench held that when the main judgment had already been affirmed by dismissal of earlier SLP and the review petition was subsequently withdrawn with liberty to approach High Court, a fresh SLP challenging the same judgment was not maintainable.

1 Jan 1970

The dispute arose from a Himachal Pradesh High Court judgment directing a cooperative bank to grant pensionary benefits to its retired employees, whic...

High Court

Bombay High Court Addresses Jurisdictional Clash Between Forward Markets Commission and Central Electricity Regulatory Commission Over Electricity Futures Trading. The Court Considered Whether the Electricity Act, 2003 Overrides the Forward Contracts (Regulation) Act, 1952, and Whether the Power Market Regulations 2010 Framed by CERC Were Ultra Vires.

7 Feb 2011

The matter involved two writ petitions being heard together by the Bombay High Court, arising from a jurisdictional conflict between two regulatory bo...

High Court

High Court of Karnataka considers appeal under Section 96 CPC against trial court's dismissal of suit for permanent injunction and grant of possession to defendants. Trial court held counterclaim for possession maintainable without separate declaration and that plaintiffs failed to prove lawful possession.

27 Jan 2020

The plaintiffs filed a suit for permanent injunction to restrain the defendants from alienating, demolishing, or dispossessing them from the suit sche...

High Court

High Court of Karnataka Dismisses Revision Petition in Property Suit — Order 2 Rule 2 CPC Bar Not Applicable. Petitioner's claim of res judicata based on earlier execution proceedings fails as the suit is for different relief.

3 Jun 2014

The petitioner, P.M. Gopi, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) against an order dated 5.9.2013 pass...

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