Search Results for "Article 227 CPC"

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High Court of Karnataka Dismisses State's Second Appeal in Land Dispute Case Due to Non-Compliance with Conditional Order. Court holds that failure to pay costs as directed by the court results in dismissal of the appeal under Section 100 CPC.

The State of Karnataka and its officers filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment...

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High Court of Bombay at Goa Quashes Roznama Entry Dismissing Arbitration Suit in Absence of Signed Judgment. Failure to Comply with Sections 33 and Order XX Rules 1 and 2 CPC Renders Pronouncement Invalid, Directs Fresh Hearing on Merits.

The petitioner, M/s Karnataka Cement Pipes Factory Eng. and Contractors, filed a writ petition before the High Court of Bombay at Goa challenging a Ro...

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Supreme Court Dismisses Appeals in Partition Dispute Over Estate of Late Col. Kultar Singh Dhillon — Territorial Jurisdiction and Preliminary Issues Not Grounds for Rejection of Plaint

The Supreme Court dismissed two civil appeals arising from a partition dispute over the estate of late Col. Kultar Singh Dhillon, who died on 6th Janu...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Unfair Trade Practice Suit — Amendment Allowed to Bring Subsequent Resolution on Record Under Order 6 Rule 17 CPC.

The petitioner, City and Industrial Development Corporation Ltd. (CIDCO), filed a writ petition under Article 227 of the Constitution of India challen...

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High Court of Karnataka Allows Amendment of Plaint in Suit for Specific Performance Due to Typographical Error in Date of Agreement. Correction of Date Does Not Change Nature of Suit and Is Necessary for Determining Real Controversy Under Order VI Rule 17 CPC.

The petitioner, plaintiff in a suit for specific performance (O.S. No. 132 of 2010) before the II Addl. Senior Civil Judge, Vijayapura, filed a writ p...

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High Court of Karnataka Quashes Order Setting Aside Ex-Parte Decree in Injunction Suit — Petitioner/Plaintiff Succeeds in Restoring Ex-Parte Decree. Trial Court's Order Allowing Restoration Under Order IX Rule 13 CPC Set Aside Due to Lack of Sufficient Cause for Non-Appearance.

The petitioner, Nagireddy, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 09.10.2017 passed by the 31...

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Bombay High Court Dismisses Review Petition in Trust Dispute — No Error Apparent on Record. Direction to Implead Trustee in Appeal Before Charity Commissioner Was Made with Consent and Is Not Contrary to Order XLI Rule 20 CPC.

The review petitioner, Ganesh N. Salunkhe, sought review of an order dated 4 February 2015 passed in Writ Petition No. 174 of 2015. The order directed...

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High Court of Karnataka Dismisses KSFC's Petition for Impleadment in Specific Performance Suit — Mortgagee Not a Necessary Party Under Order 1 Rule 10 CPC. Section 31E of SFC Act, 1951 Does Not Confer Right to Sue for Specific Performance of Third-Party Contracts.

The Karnataka State Financial Corporation (KSFC) filed writ petitions challenging the order of the II Additional Senior Civil Judge, Mangalore, dated ...

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Bombay High Court Allows Electricity Board's Petition Challenging Injunction Against Disconnection for Non-Payment of Arrears. Inherent Powers Under Section 151 CPC Cannot Be Used to Restrain Disconnection Under Section 56 of Electricity Act, 2003.

The petitioner, Maharashtra State Electricity Board (now Maharashtra State Electricity Distribution Co. Ltd.), challenged an order passed by the Civil...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Suit for Specific Performance — No Fraud or Collusion Found in Consent Terms Filed by Counsel. Consent decree upheld as valid and binding under Order XXIII Rule 3 CPC.

The petitioners, Dhanaji Kashinath Shendkar and others, filed writ petitions challenging a consent decree passed in a suit for specific performance. T...