Search Results for "Recall of Order"

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Search Results for "Recall of Order"

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High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Order in Execution Proceedings. Judgment Debtor's Application Under Section 151 CPC for Recalling Order Dated 10.07.2024 Was Rightly Dismissed as Not Maintainable.

8 Jul 2025

The petitioner, M/s Pushpam Realty, a partnership firm, is the judgment debtor in Execution No.1075/2020 pending before the III Additional City Civil ...

Supreme Court

Supreme Court Dismisses SAI's Appeal Against High Court Order Upholding Tribunal's Direction to Consider Respondents as Initial Constituents Under 2022 Recruitment Rules. Concession Made by Counsel Before High Court Cannot Be Resiled From Absent Fraud or Lack of Authority.

4 Mar 2025

The case involves Sports Authority of India (SAI) and its contractual physiotherapists. SAI was created in 1984 under the Societies Registration Act, ...

High Court

Bombay High Court Quashes Condonation of 9-Year Delay in Recall Application in Suit Withdrawal Case — Unconditional Withdrawal Under Order XXIII Rule 1(1) CPC is Plaintiff's Absolute Right. The court held that the plaintiff's right to unconditionally withdraw a suit is absolute and cannot be fettered by the court, and a delay of over 9 years in seeking recall of such an order cannot be condoned without sufficient cause.

21 Feb 2025

The petitioner, M/s. Vaishnavi Engineers and Developers Private Limited, had filed a suit (RCS No. 782 of 2012) against the respondents seeking declar...

Supreme Court

Supreme Court Recalls Order Against Enforcement Directorate for Violation of Natural Justice in Financial Institution FIR Quash Case. The Court held that an order passed without hearing a party affected by it is unsustainable, and recalled its earlier directions concerning the ECIR registered by the Enforcement Directorate.

4 Oct 2024

The judgment arises from miscellaneous applications filed in a disposed writ petition. The original writ petition was filed by Gagan Banga and Indiabu...

Supreme Court

Supreme Court Allows Recall of Insufficiently Stamped Document Admitted in Evidence — Inherent Powers Under Section 151 CPC Can Be Invoked. The court held that admission of a document without considering its stamp duty can be recalled to prevent abuse of process, and Section 35 of the Karnataka Stamp Act, 1957 does not bar such recall.

9 Jul 2024

The case involves a civil appeal arising from a dispute over two sale deeds concerning the same property. The appellant and the respondent each claime...

High Court

Bombay High Court Dismisses Revenue's Petition Challenging Tribunal's Recall Order in Hawala Income Tax Case. Tribunal's power to recall its ex parte order under Section 254(2) of the Income Tax Act, 1961 is upheld as procedural rectification.

2 Mar 2020

The case involves a writ petition filed by the Commissioner of Income Tax-12, Mumbai (Revenue) under Article 226 of the Constitution of India, challen...

High Court

High Court of Karnataka Allows Restoration of Suit for Partition Despite Abatement Order — Trial Court Erred in Holding Suit Abated When Legal Representatives Were Already on Record. The Court set aside the rejection of IA No.9 and directed restoration of IA No.7 for fresh consideration.

26 Sep 2018

The petitioner, M/s J.C.Gupta & Sons, a registered firm, was the plaintiff in a civil suit for partition and separate possession of plaint schedule pr...

High Court

High Court of Karnataka Dismisses Petition Challenging Restoration of Suit — Trial Court Has Power to Recall Dismissal Order on Same Day Under Section 151 CPC

13 Aug 2018

The petitioners, who are defendants in a suit for declaration and recovery of possession filed by the respondent/plaintiff, challenged an order dated ...

High Court

Bombay High Court Allows Recall of Order in Service Matter Due to Fraud and Misrepresentation by Management. Petitioner's Termination Set Aside as Enquiry Committee Was Not Properly Constituted Under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

12 Sep 2017

The applicant, a former Headmistress of Savitribai Fule Vidyalaya, Masod, was initially appointed as an Assistant Teacher on 2nd September 1987. After...

High Court

Bombay High Court Dismisses Revenue's Appeal in DEPB Licence Deduction Case — ITAT's Recall Order Under Section 254(2) Upheld as Within Jurisdiction. The court held that the ITAT's recall of its earlier order was justified as it had not considered a binding precedent and relevant statutory provisions, constituting a mistake apparent from the record under Section 254(2) of the Income Tax Act, 1961.

25 Feb 2010

The case involves an appeal by the Commissioner of Income Tax-9 against an order of the Income Tax Appellate Tribunal (ITAT) dated 15th January, 2007,...

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