Search Results for "Section 105 CPC"

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Bombay High Court Dismisses Appeal by Municipal Corporation in Demolition Notice Case. Court holds that demolition notices under Section 351 of the Mumbai Municipal Corporation Act, 1888 require prior show-cause notice and opportunity of hearing, upholding trial court's order setting aside notices.

The Municipal Corporation of Greater Mumbai (appellant) filed an appeal against an order of the City Civil Court, Mumbai, which set aside demolition n...

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Bombay High Court Quashes Removal of Employee in Coal India Service Dispute — Violation of Natural Justice as No Inquiry Held Before Dismissal Based on Self-Declaration. Rule 34(1)(ii) of Coal India Executives Conduct, Discipline and Appeal Rules, 1978 Requires Inquiry Before Penalty of Removal.

The petitioner, Shri Sheopurari Singh, was employed as Deputy General Manager (Vigilance) in M-1 Grade at the Vigilance Department of Western Coalfiel...

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Bombay High Court Dismisses Revision Against Execution Proceedings in Partition Suit — Decree Holder's Right to Execute Decree Not Barred by Limitation or Res Judicata. Execution Application Filed Within 12 Years Under Article 136 of Limitation Act, 1963 is Maintainable.

The petitioners, who were judgment-debtors in a partition suit, filed a Civil Revision Application challenging the order dated 16th April 2004 passed ...

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Bombay High Court Allows Expunging of Expert Evidence Applying Foreign Law in Suit for Enforcement of Foreign Judgment. Expert Witness Cannot Apply Foreign Law to Facts; Only State the Law Under Order 18 Rule 17 CPC and Section 45 Evidence Act.

The plaintiffs filed a Notice of Motion seeking to expunge parts of the affidavit of evidence of the defendants' expert witness, Mr. Patrick Keel, who...

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High Court of Karnataka Partly Allows Appeal by BMTC in Motor Accident Claim, Reduces Compensation Due to Multiplier Error. Tribunal's Use of Multiplier '18' for Deceased Aged 30 Years Held Incorrect; Proper Multiplier is '17' Under Sarla Verma Guidelines.

The appellant, Managing Director of Motor Claims Hub, BMTC, challenged the judgment and award dated 01.01.2022 passed by the XIV Additional Small Caus...

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Bombay High Court Dismisses Suit by Minor Children Seeking to Set Aside Family Settlement — Memorandum of Family Settlement Held Binding as a Family Arrangement Under Contract Act and Specific Relief Act

The plaintiffs, four children of Madhupati and Anuradha Singhania (Defendants 1 and 2), filed a suit seeking cancellation of a Memorandum of Family Se...