Search Results for "exparte proceedings"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "exparte proceedings"

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High Court

High Court of Karnataka Allows Writ Petition to Restore Suit Dismissed for Default, Setting Aside Order That Rejected Restoration on Ground of Arbitration Agreement. Court holds that dismissal for default does not bar restoration and that the trial court must decide the application under Section 8 of the Arbitration and Conciliation Act, 1996 on merits.

25 Sep 2025

The petitioner, K. M. Dastagir Sab, filed a suit (O.S.No.1280/2020) before the II Additional Senior Civil Judge, Bengaluru Rural District, seeking rel...

High Court

Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction.

1 Sep 2023

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the...

High Court

Bombay High Court Upholds Detention of Defendant for Willful Disobedience of Injunction in Partition Suit — Sale of Property After Service of Injunction Order Constitutes Contempt Under Order XXXIX Rule 2-A CPC.

16 Feb 2021

The case arises from a partition suit filed by respondent no.1 (original plaintiff) seeking 1/5th share in suit property claimed to be joint family pr...

High Court

High Court of Bombay at Aurangabad Allows Correction of Clerical Error in MACT Judgment — Mistake in Identifying Driver as Owner of Vehicle. Section 166 Motor Vehicles Act, 1988 — Tribunal's refusal to correct error set aside; liability shifted to insurance company.

3 Aug 2019

The petitioners, original respondent Nos. 1 and 2 in a Motor Accident Claim Petition, challenged an order of the Motor Accident Claims Tribunal dated ...

High Court

Bombay High Court Allows Writ Petitions Challenging Recovery Certificates Under Section 101 of MCS Act for Lack of Proper Opportunity of Hearing. Sub Registrar's order recorded withdrawal of advocate but recovery certificate stated 'none present', indicating procedural violation.

23 Feb 2015

The petitioners were members of respondent no. 3 society and had unpaid dues. Proceedings under section 101 of the Maharashtra Cooperative Societies A...

High Court

High Court of Bombay Restrains Bank from Honoring Bank Guarantee Invocation After Completion of Contract — Invocation Held Invalid as Guarantee Ceased to Be Operative. The court held that the bank guarantee had ceased to be operative upon completion of the contract as certified by the Independent Engineer, and the beneficiary's invocation was not in terms of the guarantee.

12 Apr 2013

The plaintiff, M/s. ABG Kandla Container Terminal Ltd., filed a suit seeking declarations that a bank guarantee had ceased to be operative and that th...

High Court

Bombay High Court Quashes Trial Court Order in Execution Proceedings for Overreaching Earlier Decree — Bailiff Directed to Execute Decree as Per Original Terms Without Deviation. The court held that the executing court cannot modify the decree or add conditions not found in the decree, and the impugned order was set aside under Article 227 of the Constitution of India.

14 Aug 2012

The petitioners, Prabhakar Ramchandra Desai and others, filed a writ petition under Article 227 of the Constitution of India challenging an order date...

High Court

Bombay High Court Allows Appeal Against Condition of Security for Vacating Arrest of Cargo in Admiralty Suit - Cargo Owner Not Liable for Demurrage and Port Charges as They Are Not Party to Contract of Carriage

23 Mar 2010

The appellant, Best Food International Pvt. Ltd., filed an appeal under Clause 15 of the Letters Patent against an order dated 4th February 2010 passe...

High Court

Bombay High Court Confirms Divorce Decree in Christian Marriage Dissolution Case Under Section 10 of Indian Divorce Act, 1869. Court upholds Family Court's decree dissolving marriage on grounds of adultery and cruelty, finding no legal infirmity.

13 Jan 2006

The case involves a civil reference under Section 10 of the Indian Divorce Act, 1869, where the Principal Judge, Family Court No.2, Pune, passed a dec...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Charter Hire Dispute. Section 37 of the Arbitration and Conciliation Act, 1996 Does Not Provide for Appeal Against Interim Orders Under Section 17 of the Act.

15 Jul 2005

The case involves an appeal filed by Oil and Natural Gas Corporation Ltd. (ONGC) under Section 37 of the Arbitration and Conciliation Act, 1996, chall...

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