Search Results for "Ordinary Original Civil Jurisdiction"

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High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Cannot Be Invoked After Decree Is Passed. Execution Court Erred in Staying Execution Based on Subsequent Suit Filed by Judgment Debtor After Decree.

The petitioners (decree holders) obtained a decree for possession in O.S. No. 79/2003 (originally O.S. No. 3/1971) against the respondent (judgment de...

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Bombay High Court Allows Appeal by State in Vehicle Registration Dispute — Civil Court Jurisdiction Barred Under Motor Vehicles Act, 1988. Refusal to Register Vehicle as Transport Vehicle Must Be Challenged Before State Transport Appellate Tribunal, Not Civil Court.

The case involves a dispute over the registration of a vehicle as a transport vehicle. The plaintiff, Yeshwant Narayanrao Thakre, purchased a Mini-Doo...

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High Court of Bombay at Goa Dismisses Appeal Against SARFAESI Proceedings — Tenant's Claim Not Established. The court held that the appellant failed to prove tenancy and that the remedy under Section 17 of the Securitisation Act is available to any person aggrieved, including tenants.

The appellant, Modinasab Indikar, filed a first appeal before the High Court of Bombay at Goa against the order of the District Magistrate, Salcete, d...

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Bombay High Court Dismisses Application to Set Aside Insolvency Notice in Debt Recovery Matter — Debt Recovery Tribunal's Decree Constitutes a Final Judgment Under Section 9(2) of Presidency-Towns Insolvency Act, 1909.

The judgment debtor, Deepak Cochhar and another, filed a notice of motion seeking to set aside Insolvency Notice No. N/72 of 2004 issued by the Insolv...

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Bombay High Court Dismisses Husband's Application for Perjury Proceedings Against Wife in Family Court Appeal. False statements in pleadings alone do not warrant prosecution under Section 340 Cr.P.C. without proof of intentional falsehood and necessity for prosecution.

The applicant, Dr. Santosh Chandrashekar Shetty (husband), filed a Civil Application under Section 340 of the Code of Criminal Procedure, 1973, seekin...

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CRIMINAL APPLICATION NO.6544 OF 2016

The Criminal Application No. 6544 of 2016 was filed before the High Court of Bombay, Bench at Aurangabad, by nine applicants belonging to the Kothale ...

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High Court of Karnataka Dismisses Appeal by Mysore Minerals Limited in Arbitration Challenge — Rejects Reappreciation of Evidence Under Section 34. Court holds that arbitral tribunal's interpretation of contract terms is final and not perverse, affirming dismissal of petition to set aside award.

The appellant, Mysore Minerals Limited (MML), a government undertaking engaged in mineral extraction and export, issued a tender notice on 18.5.1995 i...

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Bombay High Court Quashes Orders Rejecting Condonation of Delay in Customs and Central Excise Appeals; Directs Fresh Consideration. Appellate Authorities Failed to Exclude Time Taken in Prosecuting Writ Petitions Before Filing Statutory Appeals, as Required Under Section 14(2) of Limitation Act, 1963.

The judgment arises from two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court. The lead petition, WP N...