Search Results for "Article 227 CPC"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Article 227 CPC"

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High Court

High Court of Karnataka Quashes Executing Court Order in Specific Performance Execution — Decree Holder Cannot Seek Execution Against Legal Representatives Without Proper Substitution. Executing Court Erred in Allowing Execution Against Judgment Debtors Who Were Not Parties to the Original Suit and Were Not Substituted as Legal Representatives of the Original Judgment Debtor.

29 Apr 2025

The petitioners, who are the legal representatives of the original judgment debtor Jinappa Jayapal Khot, filed a writ petition under Articles 226 and ...

High Court

High Court of Karnataka Dismisses Insurance Company's Petition Challenging Tribunal's Refusal to Implead Additional Witnesses in Motor Accident Claim — No Jurisdictional Error Found in Tribunal's Discretionary Order. The Court held that the Tribunal's decision to reject impleadment of proposed respondents as unnecessary parties does not warrant interference under Article 227 of the Constitution of India.

22 Apr 2025

The judgment pertains to two writ petitions filed by the Manager of ICICI Lombard General Insurance Company Limited under Article 227 of the Constitut...

High Court

Bombay High Court Dismisses Petition to Prevent Proforma Defendants from Leading Evidence in Eviction Suit — Interest Not Adverse Does Not Bar Evidence. The court held that the right to lead evidence is not dependent on the nature of interest but on the court's discretion and the necessity for just adjudication under the Presidency Small Causes Courts Act, 1882.

10 May 2024

The petition challenges an order of the Small Causes Court at Mumbai rejecting the plaintiffs' application to prevent certain defendants (Defendant No...

High Court

High Court of Karnataka Quashes Executing Court's Orders on Stamp Duty Calculation for Arbitration Award Execution. Stamp duty on award under Article 11(b) of Karnataka Stamp Act, 1957 is payable on principal amount only, not on interest and costs.

27 Jun 2022

The petitioner, Shriram City Union Finance Ltd., a finance company, had initiated arbitration proceedings against the respondents for recovery of an o...

High Court

Bombay High Court Dismisses Writ Petition Challenging Election Process, Holds That Candidate Elected Pursuant to Interim Order Cannot Be Unseated Without Election Petition. The court ruled that the principle of restitution does not apply to election results and that the remedy lies in an election petition under the Maharashtra Village Panchayats Act, 1959.

8 Feb 2022

The case involves a writ petition filed by Salma Bi W/o Syed Noor Attar challenging the rejection of her nomination for the Gram Panchayat elections. ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Eviction Order Under Maharashtra Rent Control Act — Agreement Held to Be Licence, Not Lease. The Court upheld the concurrent findings of the Competent Authority and Additional Commissioner that the petitioner was a licensee, not a tenant, based on the terms of the agreement and the conduct of parties.

13 Sep 2019

The petitioner, Shrikant Dattatraya Deshpande, claimed to be a tenant of a portion of a house owned by Shalini Waman Bhat (since deceased, represented...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Execution Maintainability — Land Grant Alienation Permission Lapsed Before Sale Deed Execution. The court held that objections as to maintainability of execution petition based on expiry of alienation permission are to be raised before the executing court, not by way of writ petition under Article 227.

21 Aug 2019

The petitioners, who were the 2nd and 3rd judgment debtors in Execution Petition No.2/2017, filed a writ petition under Article 227 of the Constitutio...

High Court

Bombay High Court Allows Landlords' Petition in Eviction Case for Bonafide Need — Reverses Appellate Court's Interference with Trial Court's Eviction Decree. The Court held that the appellate court exceeded its jurisdiction by misreading pleadings and evidence, and that the landlords' need for additional commercial premises was bonafide and reasonable under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

20 Dec 2018

The petitioners, successors of the original plaintiffs, filed a writ petition challenging the judgment and order dated 21st September 2005 of the Dist...

High Court

High Court of Karnataka Quashes Appointment of Commissioner in Final Decree Proceedings for Lack of Notice to Defendants. Order 26 Rule 9 CPC requires notice to all parties before appointing a commissioner for partition, and failure to do so vitiates the order.

14 Feb 2013

The petitioners, who were defendants in a final decree proceeding (FDP No. 2/08) before the Principal Civil Judge, Bijapur, challenged an interim orde...

High Court

Bombay High Court at Goa Dismisses Petitions Challenging Refusal of Leave to Amend Written Statement in Vacation Suits. Defendants' Application for Amendment After Commencement of Trial Held Not Maintainable Under Order 6 Rule 17 CPC as No Satisfactory Reason for Delay Was Shown.

28 Jun 2011

The Bombay High Court at Goa dismissed two writ petitions filed by the defendants in Special Civil Suit Nos.23/2010/B and 24/2010/B, challenging a com...

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