Search Results for "Summary Rejection"

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Search Results for "Summary Rejection"

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High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Return in Summary Suit — Friendly Loan Not a Commercial Transaction Under Commercial Courts Act, 2015. The court held that a suit for recovery of a friendly loan filed under Order 37 Rule 2 CPC is not a commercial suit under Section 2(c) of the Commercial Courts Act, 2015.

6 Dec 2021

The respondent (original plaintiff) filed a Commercial Summary Suit under Order 37 Rule 2 of the Code of Civil Procedure, 1908 (CPC) against the petit...

High Court

Karnataka High Court Allows Revision Petition Against Rejection of Obstruction Application in Execution Proceedings — Petitioner's Claim of Share in Decreed Property Requires Inquiry Under Order XXI Rule 97 CPC. The executing court's summary rejection of the obstruction application without proper inquiry was set aside and matter remanded for fresh consideration.

17 Apr 2017

The petitioner, Mrs. Hemalatha Nayak @ Vijaya Laxmi Shenoy, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CP...

High Court

Bombay High Court Quashes Civil Court Order Allowing Filing of Reply After Refusal — Civil Court Cannot Review Its Own Order Without Statutory Authority. The court held that a Civil Court cannot sit in appeal over its own order under Order 37 CPC and set it aside without specific provision.

28 Oct 2013

The petitioner, Rentworks India Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the respondent, Indi...

High Court

High Court of Judicature at Bombay Hears Letters Patent Appeal Against Single Judge’s Order Upholding State Minister’s Decision in Evacuee Property Mutation Dispute. Minister's Order Had Set Aside Lower Authorities' Orders Restoring Evacuee Property Entries.

13 Jul 2005

This Letters Patent Appeal arose from a dispute over evacuee properties in Lonavala. The original owner, Haji Habib Tar Mohammed Janu, migrated to Pak...

High Court

Bombay High Court Upholds Trial Court Order Rejecting Application for Rejection of Plaint Under Order VII Rule 11(a) CPC. Plaint Disclosing Completion of Work and Raising of Invoices Sufficiently Discloses Cause of Action.

1 Jul 2017

The case involves a civil revision application filed by Varron Auto Kast Limited (the appellant/defendant) challenging an order of the 5th Joint Civil...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Summary Suit Withdrawal Case. Order 23 Rule 1 CPC Requires Express Liberty for Fresh Suit, but Withdrawal Order Did Not Bar Fresh Suit as It Was Not a Judgment.

6 Aug 2019

The case involves a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) filed by the applicants (original defendan...

High Court

High Court Quashes Magistrate's Order Rejecting 'B' Final Report in Stalking and Criminal Intimidation Case — Lack of Proper Application of Mind and Non-Compliance with Section 173 Cr.P.C. The court held that the Magistrate must apply his mind to the police report and documents before rejecting a 'B' report and cannot mechanically direct registration of a case.

27 Nov 2017

The petitioner, Dr. Ravikumar, filed a petition under Section 482 Cr.P.C. seeking to quash the order dated 30.07.2015 passed by the Principal Senior C...

High Court

Bombay High Court Dismisses Challenge to Remand Order in Recovery Certificate Proceedings Under Section 101 of Maharashtra Co-operative Societies Act Due to Absence of Final Adjudication. Section 101 Recovery Proceeding Remand Upheld as the Court Finds No Final Determination on Genuineness of No Dues Certificate Warrants Interference.

25 Oct 2023

The writ petitions challenged orders dated 31 December 2021 passed by the Divisional Joint Registrar, Co-operative Societies, allowing revision applic...

High Court

Gujarat High Court Allows NA Permission Challenge in Ceiling Proceedings Case — Mamlatdar Cannot Reject NA Application Based on Pending Section 20 Inquiry Under Gujarat Agricultural Land Ceiling Act, 1960. Pendency of ceiling proceedings does not bar conversion of land use; Mamlatdar must decide NA application independently under Gujarat Land Revenue Code, 1879.

3 Mar 2026

The petitioners, Ushaben Dilipbhai Sonani and others, filed a Special Civil Application under Article 226 of the Constitution of India before the Guja...

High Court

Bombay High Court Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings.

9 Aug 2021

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two ...

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