Search Results for "summons trial procedure"

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Search Results for "summons trial procedure"

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High Court

Karnataka High Court Sets Aside Order Restoring Ex-Parte Regular Appeal Filed by Defendant in Title Suit. Presumption of Service Under Section 27 of General Clauses Act, 1897 Stands Unrebutted as Power of Attorney Holder Lacked Personal Knowledge to Lead Evidence.

10 Sep 2024

The Civil Revision Petition arose out of a title suit (O.S. No. 466/2011) filed by one Smt. Akkayamma seeking declaration of title and permanent injun...

High Court

Bombay High Court Recalls Ex Parte Decree Due to Non-Compliance with Service Rules. Service of Summons Not in Accordance with Bombay High Court (Original Side) Rules, Leading to Recall of Decree Under Order IX Rule 13 CPC.

14 Dec 2017

The case involves a Notice of Motion filed by Defendants Nos. 2 to 4 under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC) to recall an ex...

High Court

Bombay High Court Dismisses Defendant's Chamber Summons to Strike Out Affidavit of Evidence in Specific Performance Suit — Affidavit of Evidence Not a Pleading Under Order 6 Rule 16 CPC. Court Holds That Averments Not in Written Statement May Be Allowed If They Do Not Introduce a New Case or Cause Prejudice.

20 Mar 2013

The Plaintiffs filed a suit for specific performance of a contract based on an unsigned MOU. The Defendant filed a written statement after a delay of ...

High Court

Bombay High Court Allows Beneficiaries to Examine Attesting Witness in Will Probate Case Despite Earlier Statement Not to Lead Evidence. Court Holds That Right to Cross-Examine Own Witness Under Section 154 of Indian Evidence Act, 1872 Arises Only After Examination-in-Chief, and That Court Has Inherent Power to Permit Examination of Material Witness to Prevent Failure of Justice.

18 Oct 2013

The case arises from a testamentary suit for probate of a Will dated 9th August 1995. The plaintiffs, appointed as executors, filed a petition for pro...

High Court

Bombay High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Non-Service of Summons for Judgment. Defendants Granted Unconditional Leave to Defend as They Had Disclosed a Defence in Earlier Affidavit.

8 Apr 2005

The plaintiff filed a summary suit against the defendants for recovery of a loan. The defendants filed an affidavit in reply to an attachment before j...

High Court

Bombay High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Non-Service of Summons for Judgment on Defendants' Advocate. Service on Defendants directly without prior attempt on advocate held insufficient under Order XXXVII CPC.

17 Dec 2014

The petitioners, original defendants in Summary Suit No.4914 of 2012, challenged the order dated 08.07.2013 passed by the City Civil Court, Mumbai, di...

High Court

Bombay High Court Allows Appeal by Judgment-Debtor in Electricity Dues Recovery Suit Due to Lack of Service of Summons. Decree Set Aside as Appellant Was Not Served Summons and Had No Opportunity to Defend, Violating Principles of Natural Justice.

28 Jan 2015

The appellant, Shashikant s/o Eknath Choudhari, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment a...

Supreme Court

Supreme Court Directs Compliance with Section 173(2) CrPC for Chargesheet Contents — Emphasizes Need for Sufficient Details and Evidence in Police Reports. The Court held that chargesheets must contain sufficient details of facts and evidence, not merely reproduce the FIR, and clarified that arrest is not mandatory before filing chargesheet under Section 170 CrPC.

1 May 2024

The Supreme Court addressed concerns regarding the nature of chargesheets filed in some jurisdictions, where they merely reproduce the FIR without sta...

High Court

Bombay High Court Allows Writ Petition Challenging Ex Parte Substitution of Legal Representative. Order 22 Rule 3 CPC Does Not Permit Ex Parte Orders Without Notice to Opposite Party, Even if Application is Within Limitation.

13 Mar 2019

The petitioners, Swapnesh Bhupati Mudliyar and another, were the original defendants in a suit filed by Smt. Tarabai @ Taramati Harishchandra Todankar...

High Court

Bombay High Court Sets Aside Ex Parte Decree in Summary Suit Due to Lack of Proper Service of Summons. Delay of 164 Days Condoned as Defendant Demonstrated Good Cause for Non-Appearance Under Order XXXVII of CPC, 1908.

15 Jul 2013

The plaintiff, Fountainhead Promotions & Events Pvt Ltd, filed a Summary Suit No. 874 of 2010 against the defendant, Gitanjali Lifestyle Limited, clai...

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