Search Results for "Section 2(12) CPC"

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Bombay High Court Dismisses Second Appeal in Money Recovery Suit, Upholds Concurrent Findings on Debt and Interest. Courts below correctly relied on balance confirmation letter and power-of-attorney holder's evidence under Order 3 Rule 2 CPC.

The respondent/plaintiff filed Regular Civil Suit No. 298 of 2012 before the Civil Judge Senior Division, Kolhapur, seeking recovery of Rs. 3,05,045/-...

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Bombay High Court Quashes GST Provisional Attachment Order for Violation of Natural Justice. Attachment of Bank Accounts and Property Without Prior Hearing Held Invalid Under Section 79(1)(c) of CGST Act, 2017.

The petitioner, Navin Vishwanathan, proprietor of M/s. Oriental Facility, filed a writ petition under Articles 226 and 300A of the Constitution of Ind...

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Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

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High Court of Karnataka Acquits Accused in Murder Case Due to Benefit of Doubt on Juvenile Status and Inconsistent Evidence. Claim of juvenility at time of offence not properly considered; conviction under Sections 302, 307 read with 34 IPC set aside.

The appellant, Channappa, was convicted by the Sessions Judge, Yadgir, in S.C. No. 40/2012 for offences punishable under Sections 307, 302 read with 3...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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Supreme Court Dismisses Appeal in Adoption Dispute Due to Abatement — Conflict of Decrees Would Arise if Appeal Proceeded. Right to Sue Did Not Survive to Surviving Appellant Alone; Appeal Abated as a Whole Under Order XXII Rule 3 CPC.

The Supreme Court dismissed an appeal arising from a suit challenging the validity of an adoption. The appellants, two brothers, had filed a suit seek...

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Bombay High Court Upholds Contempt Proceedings for Breach of Injunction Against Subsequent Purchaser. Order 39 Rule 2A CPC applies to parties added after injunction order if they have knowledge of it.

The case arises from a civil suit (Regular CS No. 21 of 2001) filed by respondents no. 2 and 3 (original plaintiffs) seeking injunction against defend...