Search Results for "default dismissal"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "default dismissal"

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High Court

Bombay High Court Dismisses Employer's Writ Petition Challenging Gratuity Order Due to Alternate Remedy. Employer failed to avail statutory appeal under Section 7(7) of Payment of Gratuity Act, 1972, hence writ petition not maintainable.

16 Sep 2015

The petitioner, Chanda Khand Sahakari Shetkari Kharedi Vikri Sanstha, was the employer of respondent No.1, Dattatraya Ramchandra Gaund, who was appoin...

High Court

High Court of Karnataka Dismisses Partition Appeal for Lack of Evidence of Joint Family Property. Court holds that plaintiffs failed to prove that suit properties were ancestral joint family properties, and the suit was barred by limitation and res judicata.

26 Jul 2024

The appeal arises from a judgment and decree dated 30.01.2018 passed by the Senior Civil Judge, Kolar, in O.S. No. 42/2012, dismissing the suit for pa...

High Court

Bombay High Court Allows Appeal Against Dismissal of Suit for Want of Prosecution Due to Non-Service of Defendants — Court Holds That Dismissal Under Order IX Rule 5 CPC Requires Willful Default or Negligence, Not Mere Failure to Serve. The court restored the suit, emphasizing that the plaintiffs had made efforts to serve the defendants and had filed a Chamber Summons for substituted service, which was pending.

29 Jan 2018

The appellants, M/s. Jain Developers and others, filed Suit No. 2808 of 2008 in the Bombay High Court seeking a declaration that there was a valid and...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Unlawful Subletting Case — Tenant Failed to Prove Business Activity and Exclusive Possession. The court upheld the Appellate Bench's finding that the tenant had unlawfully sublet the suit premises to a third party, drawing inference from lack of business documents and exclusive possession by the sublessee.

20 Dec 2024

The case involves a civil revision application filed by Santosh Anant Sabale, the legal heir of the original tenant Anant Krishna Sabale, challenging ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Petition Under Section 11 of Arbitration and Conciliation Act, 1996 - Family MoU Binding on Shareholders. The court held that a family Memorandum of Understanding containing an arbitration clause constitutes a valid arbitration agreement, enforceable under Section 11 of the Arbitration and Conciliation Act, 1996, and binding on heirs and successors.

6 Apr 2021

The appeal arose from the dismissal of a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed before the High Court of Delhi...

High Court

High Court of Karnataka Allows Default Bail in POCSO Case Due to Non-Completion of Investigation Within 60 Days. Petitioner Enlarged on Bail Under Section 167(2) Cr.P.C. as Charge Sheet Not Filed Within Statutory Period.

4 Mar 2025

The petitioner, Moulali, was arrested on 03.12.2024 in connection with offences punishable under Sections 376(2)(n), 506 of IPC and Sections 4, 6, 8, ...

High Court

Bombay High Court Allows Wife's Appeal Against Dismissal of Petition and Striking Out of Defence Under Order XXXIX Rule 11 CPC. Non-Compliance with Access Orders Disputed; Video Evidence and Counsellor Report Considered.

9 Dec 2014

The appellant wife filed Family Court Appeal No.20 of 2013 challenging the order dated 8th November 2012 passed by the Family Court at Mumbai. By that...

High Court

Bombay High Court Dismisses Contempt Notices Against Defendant in Patent Infringement Suit — No Willful Disobedience Found. Court holds that breach of an order must be willful and deliberate to constitute contempt under Order 39 Rule 2A CPC, and mere technical or inadvertent violations do not attract punishment.

28 Jun 2016

The Plaintiff, CTR Manufacturing Industries Ltd., filed a patent infringement suit against Sergi Transformer Explosion Prevention Technologies Pvt. Lt...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim — Dog on Road Constitutes 'Act of God' Not Negligence. Claimant's Wife Died After Motorcycle Fell Due to Sudden Appearance of Dog; Tribunal Erred in Holding Claimant as Owner of Borrowed Vehicle Under Section 163A of Motor Vehicles Act, 1988.

11 Feb 2021

The appellant, Shri Vithal, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, seeking compensation for the death of his wife ...

High Court

Bombay High Court Allows Criminal Appeal Restoration: Dismissal in Default for Non-Deposit of Paper Book Charges Invalid. Criminal appeal cannot be dismissed for non-prosecution; appellate court must decide on merits under Section 386 CrPC.

12 Apr 2017

The petitioner, Dipak Tundalwar, filed a criminal writ petition challenging the order dated 28.6.2016 passed by the learned Additional Sessions Judge,...

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