Search Results for "separate suit maintainability"

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Search Results for "separate suit maintainability"

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High Court

High Court of Karnataka Upholds Trial Court's Discretion in Rejecting Judgment on Admissions and Allowing Amendment of Written Statement in Property Suit. Court holds that admissions must be clear, unambiguous, and unequivocal for decree under Order XII Rule 6 CPC, and that amendment of pleadings under Section 151 CPC is permissible to clarify or add new facts.

5 Mar 2019

The case involves two writ petitions arising from a civil suit O.S. No. 1165/2009 pending before the XLIII Additional City Civil and Sessions Judge, B...

High Court

High Court of Karnataka Upholds Trial Court's Refusal to Pass Judgment on Admissions in Property Suit. Order XII Rule 6 CPC Judgment on Admissions Cannot Be Based on Disputed Facts Requiring Trial.

5 Mar 2019

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

High Court

High Court of Karnataka Dismisses Plaintiff's Petition for Judgment on Admissions and Allows Defendant's Petition Against Amendment of Plaint in Suit for Specific Performance. Court holds that admissions must be clear, unambiguous, and unequivocal for judgment under Order XII Rule 6 CPC, and that amendment of plaint cannot be allowed after commencement of trial to change the nature of the suit.

5 Mar 2019

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

High Court

High Court of Karnataka Dismisses Plaintiff's Petition and Allows Defendants' Petition in Suit for Declaration and Injunction — Order XII Rule 6 CPC Application Rejected as Admissions Not Clear and Unambiguous. The court held that for judgment on admissions, the admission must be clear and unambiguous, and the Trial Court's rejection of I.A.No.6 was correct, while the allowance of I.A.No.7 for amendment under Section 151 CPC was upheld.

5 Mar 2019

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Commercial Suit — Appellant Failed to Show Sufficient Cause for Non-Appearance. The court held that the appellant's failure to appear despite service and the lack of a valid explanation for the delay in filing the application to set aside the decree disentitled it to relief under Order IX Rule 13 of the Code of Civil Procedure, 1908.

27 Nov 2020

The appellant, BVM Finance Private Limited, was the original defendant No.1 in a commercial suit filed by the respondent No.1, Vistra ITCL (India) Ltd...

High Court

High Court of Karnataka Dismisses Appeal for Non-Prosecution in Partition Suit — Appellant Absent Despite Adjournments. Failure to Appear Leads to Dismissal Under Order XLI Rule 17 CPC.

25 Jan 2019

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under the Partition Act before the High Court of Karnataka at Bengaluru agai...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Possession Dispute. Court Held That Findings of Fact by Trial Court on Prima Facie Case and Possession Cannot Be Interfered With Under Article 227 of the Constitution.

30 Mar 2016

The petitioners, Shivaram Narayan Gatkul and others, filed a writ petition under Article 227 of the Constitution of India before the Bombay High Court...

High Court

Bombay High Court Dismisses Appeal Against CLB Order in Company Law Dispute Over Share Transfer and Oppression. Court upholds CLB's refusal to dismiss petition under Section 397/398 of Companies Act, 1956, finding prima facie case of oppression and mismanagement.

20 Dec 2012

The judgment arises from a company appeal filed under Section 10F of the Companies Act, 1956, by M/s. Gharda Chemicals Limited and others against an o...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Upholds First Appellate Court's Reversal of Trial Court Decree. The court held that the appellant-defendant No.6 failed to raise any substantial question of law under Section 100 CPC, and the concurrent findings of fact by the lower appellate court did not warrant interference.

25 Jan 2024

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the appellant, who was defendant No.6 in t...

High Court

COMMERCIAL ARBITRATION PETITION (L) NO.238 OF 2019

6 Nov 2019

The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Maharashtra State Electricity Distribution Company Li...

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