Search Results for "CPC amendment 1976"

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Supreme Court Upholds Validity of Pre-deposit Condition Under Punjab VAT Act. Condition of 25% Pre-deposit for First Appeal Held Not Unconstitutional, but Appellate Authority Has Inherent Power to Grant Interim Relief.

The Supreme Court considered a batch of appeals challenging the judgment of the Punjab and Haryana High Court which upheld the validity of Section 62(...

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High Court of Karnataka Not mentioned appeal in partition suit concerning rights of a remarried widow under Section 24 of Hindu Succession Act, 1956. The core legal question was whether the remarriage of the widow of a predeceased son prior to the opening of succession disqualifies her from inheritance.

The appeal arose from a decree in O.S.No.840/2001 on the file of I Additional City Civil and Sessions Judge, Bengaluru, decreeing the suit for partiti...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

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Bombay High Court Allows Co-operative Society's Writ Petitions Against Unauthorized Construction by Members. Dispute Between Society and Member Regarding Unauthorized Construction and Possession is Barred from Civil Court Under Section 91 of Maharashtra Co-operative Societies Act, 1960.

The petitioner, The Manglorian Garden Homes Co-operative Housing Society Limited, filed three writ petitions challenging the orders of the Civil Judge...

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Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

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Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

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Bombay High Court Allows Landlords' Writ Petition in Rent Control Eviction Case — Ex Parte Decree Restored. Tenant Failed to Show Sufficient Cause for Absence Under Order 9 Rule 13 CPC; Decree for Possession on Grounds of Default, Subletting, and Profiteering Under Bombay Rent Act Upheld.

The petitioners, landlords of the suit premises, filed a suit for possession against the tenant (respondent no.1) and alleged subtenants (respondent n...