Search Results for "declaration decree"

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Bombay High Court Overrules Res Judicata Objection in Admiralty Limitation Suit; Prior Withdrawal of Application Before Chinese Court Does Not Bar Fresh Suit Under Code of Civil Procedure, 1908.

The dispute arose from a voyage of the vessel M.V. YURIY ARSHENEVSKIY, owned by Murmansk Shipping Company, a Russian entity, which was chartered to ca...

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Supreme Court Partially Allows Appeal in Recovery Suit Against Sick Industrial Company — Suspension of Proceedings Under Section 22(1) of SICA Does Not Bar Suit for Unadmitted Debt. High Court's Grant of 24% Compound Interest Reduced to 12% Simple Interest.

The case involves a dispute between Fertilizer Corporation of India Ltd. (FCIL), a public sector undertaking, and M/s Coromandal Sacks Private Limited...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Partition Suit. Appellant Failed to Prove Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

The appeal arose from an order of the City Civil Court dismissing the appellant's Notice of Motion to set aside an ex-parte decree in a partition suit...

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High Court of Karnataka Allows Petition to Implead Daughter in Final Decree Proceedings Under Order 1 Rule 10(2) CPC — Amendment to Section 6 of Hindu Succession Act, 1956 Confers Coparcenary Rights on Daughters Born Before 2005

The petitioner, Smt. Honamma, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 4.6.2014 passed...

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Bombay High Court Rules on Maintainability of Motion for Setting Aside Consent Decree Alleging Fraud. Court Interprets Order 23 Rule 3A CPC and Precedent to Determine if Non-Party Can Challenge Consent Decree via Application.

Background: The dispute arose from Suit No. 1188 of 1984 concerning certain properties. Premnath, brother of original plaintiff No. 1, had been recogn...

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High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...