Search Results for "Order XLVII CPC"

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Review Jurisdiction, Suppression of Evidence, and Award of Back Wages. Supreme Court Upholds Review Jurisdiction, Condemns Suppression of Evidence, and Modifies Back Wages Award.

The Supreme Court held that MSRTC was guilty of suggestio falsi and suppresio veri by not disclosing its pleadings before the MACT to the Labour Co...

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High Court Dismisses Review Petition in Public Tender Dispute — Petitioner Not a Necessary Party to Earlier Writ. Review of Coordinate Bench Judgment Not Maintainable as Petitioner Was Not Impleaded and No Error Apparent on Record.

The petitioner, M/S SAPL-GCC JV, was a participant in a public tender called by the New Mangalore Port Trust (NMPT) for construction of breakwater. Th...

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High Court of Karnataka Dismisses Review Petition for Lack of Standing as Non-Party. Order XLIII Rules 1 & 2 CPC bar review by a person who was not a party to the original writ petition.

The review petitioner, Sri. Venkateshwara Rao, filed a review petition under Order XLVII Rule 1 CPC seeking review of a judgment dated 23.04.2019 pass...

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Bombay High Court Allows Appeal Against Remand Order in Will Cancellation Suit — Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23 CPC by Remanding Without Setting Aside Ex Parte Decree on Proper Grounds.

The appellant, original plaintiff, filed a suit for declaration that a registered Will-Deed dated 12th August 2011 executed by her late husband was vo...

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Bombay High Court Dismisses Review Petition in Central Excise Appeal — No Power to Review Under Section 35G of Central Excise Act, 1944. Section 35L of the Act Bars Application of CPC Provisions on Review, Hence Review Petition Not Maintainable.

The petitioner, VIP Industries Ltd., filed a review petition before the Bombay High Court seeking review of an earlier order that dismissed its applic...