Search Results for "Section 105 CPC"

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High Court of Karnataka Dismisses Appeals in Property Dispute, Upholds Trial Court's Dismissal of Suit for Declaration and Recovery of Possession. The court held that the plaintiff failed to prove title and possession over the suit property, and the suit was barred by limitation.

The case involves two Regular First Appeals filed against the judgment and decree dated 07.11.2014 in O.S.No.72/2011 passed by the I Additional Senior...

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High Court of Karnataka Quashes Quality Control Order on Plastic Imports for Lack of Public Consultation. Notification under Section 16 of the Bureau of Indian Standards Act, 2016 set aside as mandatory pre-legislative consultation under Section 16(2) was not complied with.

The petitioner, All India HDPE/PP Woven Fabric Manufacturers' Association, challenged a Quality Control Order issued by the Government of India on 15....

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Bombay High Court Considers Application to Stay Damages Claim in Admiralty Suit for Wrongful Arrest of Bunkers. Court Examines Argument That Suit for Interim Security Pending Arbitration Does Not Disclose Cause of Action, Reliance on BALCO Judgment.

An admiralty suit was filed by a foreign company against, inter alia, the bunkers on board the vessel M.V. African Eagle and its charterers, seeking a...

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High Court of Karnataka Allows Cross-Objection and Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Driver Proved, No Contributory Negligence of Deceased. Compensation Enhanced from Rs.1,80,000/- to Rs.3,34,000/- with 6% Interest.

The case arises from a motor accident claim petition filed by the parents of a deceased 20-year-old man who died in a road accident on 23-07-2007. The...

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High Court of Bombay at Goa Partially Allows Contractor's Appeal in Contract Dispute Over Interest and Escalation Claims. Court holds that interest under Section 34 CPC is discretionary and that escalation claims not pleaded cannot be awarded.

The dispute arose out of a contract for improvement of riding quality of NH-4A in Goa awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contr...

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High Court of Karnataka Quashes Impounding Order in Lease Agreement Dispute — Document Held to be Agreement to Lease, Not Lease Deed. Trial Court Erred in Construing Agreement to Secure Lease as Lease Deed Under Karnataka Stamp Act, 1957.

The petitioners, Canara Bank, were defendants in an eviction suit filed by the respondent, M/s Shankaranarayana Industries and Plantations Pvt. Ltd., ...

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Bombay High Court Dismisses Insurance Company's Revision Against Joint Liability in Motor Accident Claim — Insurer Cannot Challenge Quantum or Negligence Findings Beyond Section 149(2) Grounds in Revision Under Section 115 CPC.

The case arises from a motor accident claim petition filed by the parents of the deceased, Ganga Raghu Babhu Naidu, under Section 166 of the Motor Veh...

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Bombay High Court Allows Tenant's Petition in Eviction Suit Dismissed for Non-Prosecution. Dismissal of Suit for Possession Does Not Convert Tenant into Trespasser; Tenant Continues as Tenant.

The petitioners, who were tenants of a shop premises, were sued by the respondents (landlords) for possession and mesne profits. The trial court dismi...