Search Results for "Wilful default"

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Bombay High Court Upholds Civil Imprisonment for Breach of Injunction in Property Dispute. Willful Disobedience of Court Order Under Order 39 Rule 2-A CPC Attracts Punishment Despite Pending Appeal.

The case involves a family dispute over land Gut No.84. The appellants (Vijaykumar and Anilkumar Kucheriya) filed Regular Civil Suit No.250 of 2015 fo...

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Bombay High Court Allows Petition Challenging Striking Out of Defence in Suit for Specific Performance. Defence of Defendant No.2 Restored as Trial Court's Discretion to Strike Out Defence Under Order 39 Rule 2A CPC Requires Willful Disobedience of Injunction Order.

The Petitioner, Sanjay Thakkar, was Defendant No.2 in Special Civil Suit No.144 of 2016 filed by Respondent No.1, Bhojja Shantu Shetty, for enforcemen...

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Supreme Court Dismisses Contempt Petitions Against Food Corporation of India for Non-Compliance of Regularisation Orders — No Willful Disobedience Found as Corporation Took Steps Towards Compliance

The Supreme Court dismissed a batch of contempt petitions filed by workmen unions against the Food Corporation of India (FCI) for alleged non-complian...

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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Upholds Concurrent Findings of Tenancy and Subletting. Landlord's claim for possession under Section 16 of the Maharashtra Rent Control Act, 1999 fails as subletting was not proved and tenant's possession was lawful.

The case involves two civil revision applications arising from a dispute between the landlords (M/s. K. B. Lahoti and Company and others) and the tena...

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Bombay High Court Upholds Striking Out of Defence for Non-Payment of Interim Maintenance in DV Act Case. Failure to Pay Maintenance Justifies Coercive Measure Under Section 23 of Protection of Women from Domestic Violence Act, 2005.

The petitioner, Girish Vijaysingh Pardeshi, challenged an order dated 31/03/2018 passed by the learned Judicial Magistrate First Class, Court No. 7, J...

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Supreme Court Finds Reliance Companies Guilty of Contempt for Breach of Undertakings to Pay INR 550 Crore to Ericsson India Pvt. Ltd. The court held that the undertakings making payment conditional upon sale of assets were contrary to the court's order and constituted wilful disobedience.

The Supreme Court of India dealt with three contempt petitions filed by Ericsson India Pvt. Ltd. against Reliance Communications Ltd., Reliance Teleco...

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High Court of Karnataka Quashes Family Court Order Striking Out Defence in Divorce Case — Violation of Natural Justice. Failure to Grant Opportunity to Cross-Examine Witnesses Before Striking Out Defence Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The petitioner, Dr. Deepak Kumar M.M., and the respondent, Dr. Poornima S., were married on 15 December 2010 in Bangalore. The respondent filed a divo...