Search Results for "summons case procedure"

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Search Results for "summons case procedure"

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High Court

Bombay High Court Dismisses Application to Condone Delay in Filing Written Statement in Commercial Suit — Mandatory 120-Day Limit Under Commercial Courts Act, 2015 Applies. Court holds that the proviso to Order VIII Rule 1 CPC as amended by Section 16 of the Commercial Courts Act, 2015 is a special provision for commercial disputes and overrides the Bombay High Court Original Side Rules, 1980.

10 Jun 2024

The case involves a Notice of Motion filed by the defendants (applicants) in a commercial suit before the Bombay High Court, seeking to quash the orde...

High Court

"Bombay High Court Dismisses Chamber Summons Filed to Introduce Additional Evidence in Appeal Related to Specific Performance" "Court emphasizes the discretionary nature of Order 41 Rule 27 CPC and deters misuse aimed at prolonging litigation."

20 Dec 2024

The Bombay High Court dismissed a Chamber Summons filed under Order 41 Rule 27(1)(aa) of the CPC by the Appellants seeking to produce additional evide...

High Court

High Court of Bombay at Goa Quashes Summons in Medical Negligence Case for Lack of Sanction Under Section 197 CrPC — Doctor and Hospital Manager Protected as Public Servants Under Section 2(c) of the Prevention of Corruption Act, 1988.

10 Feb 2015

The case involves two criminal writ petitions filed by Dr. Vivekanand Jawali (a cardiac surgeon) and Mr. Karthik Rajagopal (Zonal Director of Fortis H...

High Court

Bombay High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Non-Service of Summons for Judgment on Defendants' Advocate. Service on Defendants directly without prior attempt on advocate held insufficient under Order XXXVII CPC.

17 Dec 2014

The petitioners, original defendants in Summary Suit No.4914 of 2012, challenged the order dated 08.07.2013 passed by the City Civil Court, Mumbai, di...

High Court

Bombay High Court Allows Petition in Evidence Act Case — Bailiff's Report Held Public Document Under Section 74. Certified Copy Admissible Under Section 77, But Trial Court Must Give Opportunity to Rebut Contents.

31 Jan 2019

The petitioner, Sushilkumar Mandanlal Ganediwal, was the original defendant no.1 in a civil suit for declaration and possession filed in the Court of ...

High Court

Bombay High Court Dismisses Petition Challenging Dismissal of Application to Set Aside Ex-Parte Decree in Recovery Suit — Service of Summons Held Valid Despite Defendant's Absence in Kuwait.

29 Sep 2010

The petitioner, Jose Sarat Paes, challenged the judgment and order dated 23/3/2010 passed by the Adhoc Additional District Judge-2, FTC II, Margao in ...

High Court

Bombay High Court Allows Appeal Against Dismissal of Suit for Non-Service of Summons — Appearance by Advocate Constitutes Sufficient Service. The court held that when defendants have appeared through an advocate and were served with notice of motion, separate service of writ of summons is not required under the Code of Civil Procedure, 1908.

23 Oct 2013

The appellant, original plaintiff, filed a suit against the respondents (defendants) and took out a Notice of Motion for ad-interim relief. All procee...

Supreme Court

Supreme Court Quashes Criminal Defamation Proceedings Against Editorial Director and Journalists for Lack of Specific Allegations and Non-Compliance with Section 202 CrPC — News Articles on Art Auction Authenticity Not Defamatory as They Did Not Lower Complainant's Reputation in Eyes of Others.

24 Feb 2025

The Supreme Court allowed the appeals and quashed the criminal proceedings for defamation under Sections 499 and 500 IPC against the appellants, who w...

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 Allows Appeal by Judgment-Debtor in Electricity Dues Recovery Suit Due to Lack of Service of Summons. Decree Set Aside as Appellant Was Not Served Summons and Had No Opportunity to Defend, Violating Principles of Natural Justice.

28 Jan 2015

The appellant, Shashikant s/o Eknath Choudhari, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment a...

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