Search Results for "Article 227 CPC"

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High Court of Karnataka Quashes Trial Court Decree in Suit for Declaration — Petitioner Granted Opportunity to File Written Statement. Failure to File Written Statement Does Not Automatically Entitle Plaintiff to Judgment Under Order VIII Rule 10 CPC.

The petitioner, Sri Raja R, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 22.02.2022 passed by the X...

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Bombay High Court Dismisses Petitions Challenging Striking Off Written Statements in Commercial Suit — Time Limit of 120 Days Under Order VIII Rule 1 CPC and Section 16 of Commercial Courts Act, 2015 Is Mandatory and Cannot Be Extended.

The judgment arises from two writ petitions filed by defendants in a commercial suit instituted by Tata Steel Ltd. (respondent) for recovery of amount...

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High Court of Karnataka Allows Amendment of Plaint in Civil Suit — Due Diligence Test Under Order 6 Rule 17 CPC Not Applicable Before Commencement of Trial. Trial Court Erred in Rejecting Amendment Application on Ground of Lack of Due Diligence When Trial Had Not Commenced.

The petitioners, plaintiffs in a civil suit (O.S. No. 188/2015) pending before the Additional Civil Judge and JMFC, Hungund, filed an application (IA ...

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High Court of Karnataka Sets Aside Dismissal of Execution Petition on Limitation and Inexecutability Grounds — Decree Holder Granted Relief Under Article 227. Executing Court Erred in Holding Decree Inexecutable Without Considering Order XXI Rule 32 CPC.

The petitioner, Smt. I A Kasturi, was the Decree Holder in Execution Petition No.722/2019 before the VII Additional City Civil Judge, Bengaluru. She f...

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Bombay High Court Dismisses Tenant's Writ Petition in Rent Default and Subletting Case — Concurrent Findings of Fact Not Disturbed Under Article 227. Consent Decree Rent Treated as Standard Rent; Subletting Proved by Documentary Evidence.

The petitioner, a partnership firm, was a tenant in a building owned by the respondents. The building was demolished and reconstructed, and the tenant...

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High Court of Karnataka Allows Petition in Stamp Duty Dispute Over Arbitral Interim Order. Court Holds That an Order Under Section 17 of Arbitration and Conciliation Act, 1996 Is Not an 'Award' Under Article 11 of Karnataka Stamp Act, 1957, and Thus No Stamp Duty Is Payable.

The petitioners, Mrs. Shaila Mathias and Mrs. Yasmine Felix, filed a writ petition under Article 227 of the Constitution of India challenging an order...

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Bombay High Court Allows Amendment and Recasting of Issues in Property Suit — Petitioner Granted Opportunity to Amend Plaint and Add Relief of Possession Under Order VI Rule 17 CPC. Trial Court's Rejection of Amendment and Recasting of Issue Set Aside as Premature and Contrary to Law.

The petitioner, Archana Ashok Amburle, filed a Regular Civil Suit No.6 of 2012 before the Civil Judge, Junior Division, Dapoli, seeking a mandatory in...

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Bombay High Court Allows Rejection of Plaint in Partition Suit — Suit Barred by Limitation and Res Judicata. Order VII Rule 11(d) CPC applied as plaint disclosed no cause of action and was barred by limitation under Article 65 of Limitation Act, 1963.

The petitioners, original defendants in a civil suit, filed a writ petition under Article 227 of the Constitution challenging an order dated 28.11.201...