Search Results for "Ex-Parte"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "Ex-Parte"

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High Court

High Court of Karnataka Dismisses Writ Petition Seeking Injunction Against Media Publication of Personal Photographs — Right to Privacy vs. Freedom of Press. Petitioner failed to establish that the photographs were private or that publication caused irreparable harm, and the court declined to restrain media from publishing matters of public interest.

11 Apr 2023

The petitioner, Smt. Roopa D., an IAS officer, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka...

Supreme Court

Supreme Court Allows Appeals in Land Ownership Dispute, Quashing Bombay High Court PIL Judgment. Revenue Minister's Recall of Ex Parte Order Upheld as Violative of Natural Justice Under Section 258 Maharashtra Land Revenue Code, 1966, and Appellants' Title Established Based on 1894 Deed.

28 Feb 2022

The appeals arose from a Bombay High Court judgment in a Public Interest Litigation concerning ownership of land admeasuring 5 acres and 20 gunthas in...

High Court

Bombay High Court Dismisses Condonation of Delay Application in Specific Performance Appeal — Limitation Period Not Extended by Pendency of Other Proceedings. The court held that the time spent in pursuing an application under Order IX Rule 13 CPC for setting aside an ex parte decree cannot be excluded for computing limitation for filing an appeal under Section 96 CPC against the original decree.

22 Dec 2018

The applicant, original defendant in a suit for specific performance of a Memorandum of Understanding dated 26-10-2007, faced an ex parte decree on 08...

High Court

Bombay High Court Allows Second Appeal Against Rejection of Condonation of Delay in Exparte Decree Case. Court Holds That Liberal Approach Is Required When Delay Is Not Due to Wilful Neglect and Sufficient Cause Is Shown.

19 Dec 2018

The case involves a Second Appeal filed by Pushkaraj Wagh (appellant/original defendant) against an exparte decree passed in Spl. Civil Suit No. 22/20...

High Court

High Court of Bombay Considers Attachment Before Judgment in Foreign Judgment Enforcement Suit. Prima Facie Case Assessed Under Order 38 Rule 5 CPC in Suit for Decree Based on Swiss Court Judgment.

4 Aug 2017

The Bombay High Court was hearing three notices of motion in a suit for enforcement of a foreign judgment under Section 13 of the Code of Civil Proced...

High Court

Bombay High Court Dismisses Revision Against Condonation of 764 Days Delay in Filing Appeal Against Ex-Parte Decree. Defendant's Lack of Knowledge of Suit Proceedings Held Sufficient Cause Under Section 5 of Limitation Act, 1963.

29 Jun 2016

The case arises from a civil revision application filed by the defendant (Nasirkhan Shamsher Khan) challenging the order of the lower appellate court ...

High Court

Bombay High Court Dismisses Petition for Custody of Minor Child Filed by Father Residing in USA, Holding That Indian Courts Have Jurisdiction Over Child's Custody When Child Is Ordinarily Resident in India and Mother Has Not Submitted to Foreign Court's Jurisdiction. The court held that the welfare of the child is paramount and that the foreign ex parte order cannot be enforced in India.

15 Jul 2015

The petitioner husband, Dr. Sumit Fogla, and the respondent wife, Shradha Fogla, were married in 2005 in India. The husband was studying medicine in M...

High Court

High Court of Karnataka Allows Appeal Against Setting Aside of Ex Parte Decree in Gift Deed Cancellation Suit. Order IX Rule 13 CPC Petition Filed Beyond Limitation Without Sufficient Cause Cannot Be Entertained.

18 Dec 2013

The appellant, B.A. Viswanath, filed a suit (O.S.2699/2004) against the respondent, Smt. Govindamma, seeking declaration and cancellation of a gift de...

High Court

Bombay High Court Dismisses Petition by Reporting Trustee Seeking to Set Aside Exparte Order After Six-Year Delay. Delay of over six years in filing application to set aside exparte order not explained; application lacking reasons for absence on date of exparte order.

13 Jan 2010

The petition was filed by Dhananjay S/o. Gunwantrao Deshmukh and Navin Vidya Bhavan Teachers' Education Society (the reporting trustee) against the De...

High Court

Bombay High Court Dismisses Union's Petition Challenging Labour Court Award Denying Reinstatement of Workman. Domestic Inquiry Held Fair and Punishment of Dismissal Upheld as Not Disproportionate Under Section 11A of Industrial Disputes Act, 1947.

4 Feb 2005

The petitioner, Maharashtra General Kamgar Union, a registered trade union, challenged the Award dated 8th April 1994 (Part-I) and Award dated 7th Apr...

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