Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Allows Appeal Against Rejection of Section 34 Petition by City Civil Court, Holding City Civil Court is Not a 'Court' Under Section 2(1)(e) of Arbitration Act. The Court set aside the order and remanded the matter for fresh consideration by the proper court.

The appellant, a share broker, purchased 100 shares of Odyssey Technology Limited on behalf of a client. The shares were sent for registration but onl...

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High Court of Karnataka Dismisses Civil Revision Petition for Abatement Due to Failure to Implead Legal Representatives of Deceased Respondent. Delay of 5637 days in seeking substitution not condoned as no sufficient cause shown, resulting in abatement of appeal against deceased respondent.

The petitioner, Sri K.K. Monnappa, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated ...

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Bombay High Court Dismisses Appeal in Family Court Matter Due to Non-Maintainability Under Section 19 Family Courts Act, 1984. Appeal lies only against judgment and order, not against decree, and once decree is issued proceedings attain finality.

The case involves a Family Court Appeal filed by Vishwas Narhari Sahastrabudhe against Varda Vishwas Sahastrabudhe. The respondent raised a preliminar...

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WRIT PETITION NO.4044 OF 2015

These are a batch of writ petitions filed before the High Court of Judicature at Bombay, Civil Appellate Jurisdiction. The petitioners are various tra...

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High Court of Karnataka Quashes Dismissal of Final Decree Petition for Default in Partition Suit. Final decree proceedings cannot be dismissed under Order IX Rule 8 CPC as they are a continuation of the suit and must be decided on merits.

The petitioners, who were plaintiffs in a suit for partition and separate possession, obtained a preliminary decree. Subsequently, they filed a final ...

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Supreme Court Allows Appeal in Property Dispute Over Family Settlement Memorandum Registration. Court holds that memorandum recording pre-existing family arrangement does not require registration under Indian Registration Act, 1908, and parties acting upon it are estopped from resiling.

The appeal arose from a judgment of the High Court of Punjab and Haryana at Chandigarh in a second appeal, which reversed the first appellate court's ...