Search Results for "CPC Section 115"

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Madras High Court Allows Revision Petition, Sets Aside Executing Court's Order Condoning Delay in Restoration of Execution Petition. Section 5 of Limitation Act, 1963 Held Inapplicable to Order XXI of Code of Civil Procedure, 1908 for Setting Aside Ex-Parte Orders Beyond 30 Days.

The case involves a civil revision petition filed by the legal representatives of the deceased judgment-debtor (Padasaib) challenging an order of the ...

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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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High Court of Karnataka Dismisses Revision Petition Challenging Trial Court Order Refusing to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

The petitioner, Mahesh, filed a civil revision petition under Section 115 CPC challenging the order of the Senior Civil Judge, Bailhongal, dated 24.01...

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High Court of Karnataka Dismisses Revision Petitions Against Rejection of Plaint in Arbitration-Related Suits. Court holds that bar under Section 5 of the Arbitration Act does not apply to suits challenging arbitral awards on grounds of fraud and jurisdictional error.

The case involves two civil revision petitions filed by M/s. Associated Constructions, a partnership firm, against the Executive Engineer of the Karna...

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High Court of Karnataka Dismisses Revision Petition Against Order Holding Partition Suit Maintainable Despite Earlier Compromise Decree. Court Rules That a Compromise Decree Does Not Bar a Fresh Suit for Partition When the Decree Was Not Acted Upon and the Parties Continued in Joint Possession.

The petitioner, defendant No.1 in O.S.No.114/2017, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging ...

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High Court of Karnataka Upholds Injunction in Trademark Infringement Case — 'Cothagiri' Mark Deceptively Similar to 'Cothas'. Defendant restrained from using mark 'cothagiri' for coffee products as it is phonetically and structurally similar to plaintiff's registered trademark 'Cothas'.

The case involves a trademark infringement dispute between two coffee companies. The appellant, M/s Avighna Coffee Pvt. Ltd., was the defendant in the...

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High Court of Karnataka Upholds Injunction Against Defendant in Trademark Infringement Case — 'Cothagiri' Mark Deceptively Similar to 'Cothas'. Court Restrains Defendant from Using Mark 'Cothagiri' for Coffee Products, Finding Prima Facie Case of Passing Off Under Trade Marks Act, 1999.

The case involves a trademark dispute between M/s. Cothas Coffee Co. (plaintiff/respondent) and M/s. Avighna Coffee Pvt. Ltd. (defendant/appellant). T...

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Bombay High Court Dismisses Writ Petition Against Rejection of Condonation of Delay in Arbitration Appeal Due to Availability of Alternate Remedy Under Section 115 CPC. Petitioner failed to avail revision remedy before challenging order under Article 227 of Constitution.

The petitioner, Jayantrao Dhanwatey, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 21/12/2013 passed...