Search Results for "civil suit dismissal"

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Search Results for "civil suit dismissal"

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High Court

High Court of Bombay Dismisses Appeal from Order Challenging Restoration of Suit Dismissed for Default; Holds Order Not Appealable Under Order 43 Rule 1(d) CPC. Order allowing restoration of suit dismissed under Order 9 Rule 3 for non-appearance of both parties is not an appealable order, and restoration on payment of costs was just and equitable.

25 Aug 2011

The judgment deals with an appeal from order challenging the restoration of a suit dismissed for default. The respondent had filed a suit on 10.06.200...

High Court

Bombay High Court Dismisses Tenant's Petition in Rent Arrears Case — Service of Notice and Default in Payment of Rent Upheld. Concurrent findings of trial and appellate courts on tenant's failure to pay rent and valid service of demand notice under Section 12 of Bombay Rent Act, 1947 affirmed.

15 Jul 2024

The case involves a dispute between the legal heirs of the original plaintiff-landlord (Mohamudkhan Kadar Khan Pathan) and the defendant-tenant (origi...

High Court

Bombay High Court Allows Employee's Writ Petition in Unfair Labour Practice Case — Industrial Court's Reversal of Labour Court's Finding of Victimization Set Aside. The Court held that the Industrial Court erred in reversing the Labour Court's order without properly considering evidence of victimization and biased enquiry under Item 1(f) of Schedule IV of MRTU & PULP Act, 1971.

15 Jul 2016

The petitioner, Shantaram Yashwant Mahale, a former employee of the Maharashtra State Road Transport Corporation (MSRTC), filed a writ petition challe...

High Court

High Court of Judicature at Bombay Considers Civil Revision Application on Jurisdiction under Maharashtra Scheduled Commodities Order 1975. Petitioner Contended that Statutory Remedy under Essential Commodities Act Impliedly Bars Civil Suit.

28 Oct 2010

The civil revision application arose from a suit filed by the original plaintiff (respondent no.1) seeking perpetual injunction and declaration that c...

High Court

Bombay High Court Hears Petition to Set Aside Arbitral Award in Redevelopment Dispute; Developer Challenges Directions to Amend Building Plans and Pay Compensation. Court's Decision Awaited.

13 Jan 2026

The dispute pertained to redevelopment of a cooperative housing society's property. The respondent society, owner of a plot in Andheri, Mumbai, appoin...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

8 May 2026

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...

High Court

High Court of Karnataka Dismisses Appellant's Second Appeal in Partition Suit — No Substantial Question of Law. Concurrent findings of fact regarding joint family property and limitation upheld under Section 100 CPC.

29 Jun 2016

The appellant, Smt. Neelavva, was the plaintiff in a suit for partition and separate possession of agricultural land and house properties. She claimed...

High Court

High Court of Karnataka Allows Partition Appeal in Hindu Succession Act Case — Daughter Entitled to Share in Joint Family Property. Daughter's claim for partition and separate possession of 1/2 share in suit properties decreed, setting aside trial court's dismissal.

14 Jul 2025

The Regular First Appeal was filed by the plaintiff, Smt. Mallawwa Laxman Yadahalli (since deceased, represented by her LR Smt. Parvati Gorawade), cha...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Arbitral Award in Share Dispute — No Grounds for Interference Under Section 34 of Arbitration Act. Court upholds award rejecting claim for specific performance of oral agreement to transfer shares, finding no valid contract and no limitation bar.

13 Sep 2023

The petitioner, Vijay Shivram Pathare, filed two writ petitions under Article 226 of the Constitution of India challenging an arbitral award dated 30 ...

High Court

Bombay High Court Dismisses Appeal Against Decree of Specific Performance of Contract for Sale — Agreement of Sale Validly Proved and Plaintiff Ready and Willing to Perform. Court upholds trial court's finding that defendant failed to prove that agreement was not executed or that plaintiff was not ready and willing to perform.

3 Jan 2019

The present appeal arises from a judgment and decree passed by the Civil Judge, Senior Division, Aurangabad in Special Civil Suit No.26/2014, whereby ...

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