Search Results for "Ex-parte Decree"

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Search Results for "Ex-parte Decree"

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Supreme Court

Supreme Court Partly Allows Appeal in Specific Performance Suit — Distinguishes Between Condonation of Delay and Setting Aside Ex-Parte Decree. High Court Exceeded Jurisdiction by Setting Aside Ex-Parte Decree When Only Revision Against Condonation Order Was Filed.

4 Mar 2025

The case arises from a suit for specific performance of an agreement for sale filed by the appellants (plaintiffs) against the respondents (defendants...

High Court

Karnataka High Court rules that a wife's failure to join husband after a decree for restitution of conjugal rights is not automatically voluntary desertion barring maintenance under Section 125(4) of the Code of Criminal Procedure, 1973. The court holds that the right to maintenance under Section 125 Cr.P.C. is a social welfare measure and cannot be defeated solely by the existence of a civil decree for restitution when the wife alleges cruelty.

23 Feb 2024

The judgment arises from three revision petitions filed by wives whose claims for maintenance under Section 125 of the Code of Criminal Procedure, 197...

High Court

High Court of Karnataka Holds Appeal Maintainable Under Section 13(1A) of Commercial Courts Act Against Ex-Parte Mandatory Injunction in Copyright Infringement Suit. Trial Court’s Failure to Record Reasons for Dispensing Notice Before Granting Mandatory Injunction Under Order 39 Rule 3 CPC Challenged as Violative of Procedural Mandate.

8 Nov 2022

The appellant, Smt. Supriya Shrinate, the Chairperson of Social Media and Digital Platforms of the Indian National Congress, challenged an ex-parte or...

High Court

Bombay High Court Dismisses Condonation of Delay Application in Specific Performance Appeal — Limitation Period Not Extended by Pendency of Other Proceedings. The court held that the time spent in pursuing an application under Order IX Rule 13 CPC for setting aside an ex parte decree cannot be excluded for computing limitation for filing an appeal under Section 96 CPC against the original decree.

22 Dec 2018

The applicant, original defendant in a suit for specific performance of a Memorandum of Understanding dated 26-10-2007, faced an ex parte decree on 08...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

11 Oct 2018

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court Held That No Substantial Question of Law Arises When Both Lower Courts Concurrently Found That Plaintiffs Failed to Prove Title and Possession.

9 Jul 2018

The appellants (plaintiffs) filed a suit for declaration of title and permanent injunction in respect of certain immovable property. The trial court d...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

9 Jul 2018

The appellants, who were the plaintiffs in the original suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challengin...

High Court

High Court of Bombay Considers Attachment Before Judgment in Foreign Judgment Enforcement Suit. Prima Facie Case Assessed Under Order 38 Rule 5 CPC in Suit for Decree Based on Swiss Court Judgment.

4 Aug 2017

The Bombay High Court was hearing three notices of motion in a suit for enforcement of a foreign judgment under Section 13 of the Code of Civil Proced...

High Court

Bombay High Court Dismisses Revision Against Execution of Preliminary Decree Under Specific Relief Act — Preliminary Decree for Specific Performance Is Executable Without Separate Final Decree Proceedings

20 Feb 2014

The petitioner, claiming to be Opponent No.4 in Regular Darkhast No.25/2009 pending before the Civil Judge, Junior Division, Pathardi, filed a Civil R...

High Court

Bombay High Court Allows Appeal Against Dismissal of Application to Set Aside Ex-Parte Decree — Decree Set Aside on Condition of Costs. Ex-parte decree set aside as defendant had sufficient cause for absence and application was maintainable under Order IX Rule 13 CPC.

22 Jun 2005

The appellant, original defendant No.2, suffered an ex-parte decree dated 12.11.2003 for want of filing a written statement. He filed a notice of moti...

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