Search Results for "reference under Section 113 CPC"

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High Court Dismisses Writ Appeals by Appellant Challenging Land Acquisition for APMC Mega Market -- Acquisition Upheld Under Land Acquisition Act, 1894 and Karnataka Amendment Act 33/1991

Appellant filed writ appeals against the dismissal of its writ petitions challenging land acquisition for an APMC Mega Market. The Trust owned lands i...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit, Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Held Valid and Enforceable Despite Non-Registration of Power of Attorney.

The case involves two second appeals arising from a suit for specific performance of an agreement to sell agricultural land. The plaintiff, Hiren Veni...

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Supreme Court Dismisses State's Challenge to Lotteries Regulation Act Provisions as Unconstitutional. Court upholds Sections 5, 6, 7, 8, 9 of Lotteries (Regulation) Act, 1998 and Rule 5 of Lotteries (Regulation) Rules, 2010 as valid and within legislative competence.

The State of Meghalaya filed Original Suit No. 1 of 2021 in the Supreme Court of India under Article 131 of the Constitution, challenging the constitu...

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Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

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Bombay High Court Allows Revision of Examination Order in Civil Suit — Right to Begin Evidence Not Absolute. Order 18 Rule 1 CPC permits court to direct which party shall begin, but such order can be reconsidered if circumstances change or if earlier order was passed without hearing the other side.

The petitioners, original defendant nos.1, 2, and 3 in Regular Civil Suit No.273/2013, challenged the order dated 15.10.2018 passed by the Civil Judge...

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Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

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Karnataka High Court Allows Appeal in Partition Suit — Property Acquired by Father-in-Law Not Joint Family Property. Daughter-in-law cannot claim share in property purchased by father-in-law in name of son as it is not ancestral or joint family property under Hindu Succession Act, 1956.

The case involves a Regular First Appeal filed by the second defendant against the judgment and decree of the trial court in a partition suit. The pla...

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Bombay High Court Rejects Plaint Against Foreign Sovereign in Suit for Damages Due to Lack of Consent Under Section 86 CPC. Suit Against Queen of Netherlands Dismissed as Foreign Sovereign Immune from Suit Without Central Government Consent.

The original plaintiff, S.K. Dhondy, proprietor of M/s. S.K. Dhondy & Co., owned a vessel m.v. "SKD-I" which was chartered to Dredging Corporation of ...