Search Results for "exparte proceedings"

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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.

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

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High Court of Madras Examines Challenge to Departmental Enquiry Proceedings in Background of Pending Criminal Case. Petitioner Sought Deferment of Enquiry and Legal Assistance Citing Ineffective Defence and Exparte Order.

The petitioner, K. Suja, a Chief Manager at Indian Bank, filed a writ petition under Article 226 of the Constitution challenging the proceedings dated...

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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.

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...

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Bombay High Court Dismisses Husband's Appeal in Nullity of Marriage Case Based on Wife's Sickle Cell Anemia. Sickle Cell Anemia Not a Ground for Voidable Marriage Under Section 12(1)(c) of Hindu Marriage Act as It Is Not a Communicable Disease and No Fraud Proven.

The appellant husband, Pradeep Ambhore, filed a Family Court Appeal before the Bombay High Court challenging the judgment of the Family Court, Akola, ...

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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...