Search Results for "suit infructuous"

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High Court Allows Impleadment of Liquidator in Pending Salary Recovery Suit -- Interprets IBC Provisions on Continuation of Proceedings Post-Liquidation -- Sets Aside Trial Court Order Dismissing Chamber Summons

The Petitioner, a former employee of Respondent No.1 company, had filed a Summary Suit in 2017 for recovery of salary dues -- After the company went i...

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High Court Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Court Fees Act, 1870 Section 13. The Debt Recovery Tribunal has inherent power to order refund of court fees under Section 13 of the Court Fees Act, 1870 when the main petition is disposed of as infructuous.

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

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Bombay High Court Dismisses Appeal Against Status Quo Order in Property Dispute. Agreement for Sale and Possession Receipt Establish Prima Facie Case for Plaintiff, Restraining Defendant No. 7 from Transferring Suit Property.

The appeal challenges an order dated 11 October 2022 passed by the Extra Joint Civil Judge Senior Division, Nashik, granting temporary injunction in f...

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Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator Despite Pending Civil Suit. Filing of a civil suit does not constitute waiver of arbitration rights unless the suit seeks to enforce the same cause of action against the same parties.

The petitioner, Indapur Dairy And Milk Products Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

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High Court of Karnataka Dismisses Second Appeal in Declaration and Possession Suit — Substantial Question of Law Not Pressed. Amendment to plaint seeking both declaration and recovery of possession renders the framed question of law infructuous.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant against the judgment and decree dated...

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Bombay High Court Dismisses Suit as Infructuous After Full Performance of Construction Contract. Specific Performance Claim Becomes Infructuous When Defendant Constructs and Hands Over All 532 Flats and Plaintiff Accepts Possession, Leaving No Issue for Adjudication Under Order XV Rule 1 CPC.

The plaintiff, National Bank for Agricultural and Rural Development, filed a suit in 1989 against M/s. Shah Thakur & Sons and another defendant seekin...

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Bombay High Court Dismisses Suit Against Co-operative Society for Lack of Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960. Court Holds That Civil Suit Is Barred by Sections 91 and 163 of the Act as Disputes Relate to Society's Internal Management.

The plaintiffs, B.Y. Chavan and another, filed a suit against the Association of Tenants of the Bombay Catholic Housing Society and others, seeking re...