Search Results for "Article 227 CPC"

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Suit for Partition and Separate Possession Dismissed as Plaintiff Failed to Prove Joint Family Property and Possession Within Limitation.

The appellant, Sri N. Umesha, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the concurrent judgments of t...

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High Court of Karnataka Dismisses Writ Appeal Challenging Government Order for CBI Investigation into Alleged Illegal Mining. Court upholds Single Judge's refusal to quash government order for CBI probe under Section 4 of Karnataka High Court Act, finding no grounds to interfere with investigation.

The appellant, Sri D.K. Shivakumar, filed a writ appeal under Section 4 of the Karnataka High Court Act against the order dated 20.04.2023 passed by a...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Interim Relief in Property Suit — No Prima Facie Case for Return of Title Documents Pending Trial. Agreement for Sale Not Registered and Possession Not Delivered; Trial Court's Discretion Upheld Under Article 227.

The petitioners, as plaintiffs, filed Special Civil Suit No.660 of 2014 against the respondents seeking (i) direction to the bank (defendant no.2) to ...

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High Court of Bombay at Goa Dismisses Petition Challenging Amendment of Section 34 Arbitration Petition — Delay in Filing Amendment Not Fatal as Amendment Only Clarified Existing Grounds Without Causing Prejudice.

The petitioner, Inox Leisure Limited, challenged an order dated 07/09/2013 passed by the Principal District Judge, Panaji, which allowed an amendment ...

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High Court of Bombay at Goa Upholds Executing Court's Order Directing Bank to Deposit Amount in Execution Proceedings — Review Dismissed. Bank's Challenge Under Article 227 Fails as Executing Court's Order Was Within Jurisdiction and Not Contrary to Law.

The petitioner, Dena Bank, was the defendant no.2 in Special Civil Suit No.100/2007 filed by the respondent no.1 (since deceased, represented by legal...

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Bombay High Court Quashes All Criminal Complaints Between Spouses in Matrimonial Dispute Based on Compromise and Consent Terms. Court Grants Divorce by Mutual Consent Under Section 13B of Hindu Marriage Act, Waiving Cooling-Off Period, and Quashes Proceedings Under Section 482 CrPC.

The petitioners, Mrs. Dhara Surbhit Barla and Mr. Surbhit Dileep Barla, were a married couple who got married on 0/5/2006. Disputes arose between them...

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Bombay High Court Allows Developer's Petition in Property Dispute, Sets Aside Injunction on Construction. Court holds that the appellate court exceeded its jurisdiction by granting ad-interim injunction without considering balance of convenience and prima facie case.

The petitioner, Radhika Property Developers Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the judgment a...

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Bombay High Court Allows Tenant's Petition in Eviction Suit Dismissed for Non-Prosecution. Dismissal of Suit for Possession Does Not Convert Tenant into Trespasser; Tenant Continues as Tenant.

The petitioners, who were tenants of a shop premises, were sued by the respondents (landlords) for possession and mesne profits. The trial court dismi...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment of Plaint in Suit for Specific Performance. Amendment Seeking to Change Suit from Specific Performance to Declaration of Title and Possession Held Impermissible as It Introduces Inconsistent Case and Is Barred by Limitation.

The petitioners, original plaintiffs, filed a suit for specific performance of an agreement to sell dated 01.08.1994 executed by the predecessor-in-ti...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Injunction and Possession. The court held that under Article 227 of the Constitution of India, interference with concurrent findings of fact is not warranted unless there is a perverse finding or patent error of law.

The petitioner, Zircon Venture Cooperative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the ...