Search Results for "CPC applicability"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "CPC applicability"

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High Court

Bombay High Court Dismisses Election Petition for Non-Disclosure of Cause of Action in Gadchiroli-Chimur Lok Sabha Constituency Dispute. Alleged Discrepancy of 62 Votes in Final Tally Does Not Constitute a Cause of Action Under Section 100(1)(d)(iv) of the Representation of the People Act, 1951.

25 Nov 2019

The petitioner, Dr. Rameshkumar Bapuraoji Gajbe, contested the election to the 17th Lok Sabha from the Gadchiroli-Chimur Constituency as a candidate o...

High Court

Bombay High Court Allows Second Appeal in Territorial Jurisdiction Dispute Under Section 21 CPC — Lower Appellate Court Erred in Reversing Trial Court's Finding on Jurisdiction Without Considering Waiver. The Court Remanded the Matter for Fresh Consideration on Whether the Objection Was Waived and Whether There Was Failure of Justice.

23 Jul 2013

The appellant, Miss Mridula Nikhar, filed a suit for recovery and possession of movable assets based on an agreement with the respondent, Shah Nature ...

High Court

Bombay High Court Allows Appeals Against Section 9 Orders in Arbitration Disputes — Interim Relief Set Aside Due to Lack of Urgency and Failure to Seek Enforcement of Mortgage. Court holds that when a creditor has a mortgage over property, the appropriate remedy is to enforce the mortgage rather than seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, especially when arbitration proceedings are already pending or an award has been passed.

8 Aug 2013

The appeals arose from a judgment and order of a learned Single Judge dated 5 February 2013, which granted interim relief under Section 9 of the Arbit...

High Court

Bombay High Court Dismisses Application for Arrest of Judgment Debtor in Execution of Foreign Decree — Conversion Rate for Decretal Amount Must Be Determined Before Arrest. The court held that before ordering arrest under Order 21 Rule 37 CPC, the exact amount payable in Indian rupees must be ascertained when the decree is in foreign currency.

13 Aug 2013

The Bombay High Court dealt with three chamber summons arising out of execution proceedings of a foreign decree. The original suit was filed in Englan...

High Court

Bombay High Court Dismisses Petition Challenging Provisional Attachment Order Under PMLA — Upholds Validity of Section 5(1) Attachment Without Prior Show Cause Notice. Court holds that provisional attachment under Section 5(1) of PMLA is an interim measure and does not require prior hearing, as the Act provides for post-decisional hearing under Section 8.

24 Nov 2025

The petitioners, Mr. Naresh T. Jain and two companies, challenged a provisional attachment order dated 30th September 2021 passed by the Director of E...

High Court

Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

22 Aug 2014

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

High Court

Bombay High Court Dismisses Petition Seeking Refund of Court Fees in Suit Settled Through Mediation Under Section 89 CPC. Court Holds That Section 16 of the Court Fees Act, 1870 Does Not Mandate Refund Upon Settlement Through Alternative Dispute Resolution.

1 Oct 2014

The petitioner, Sanjeevkumar Harakchand Kankariya, entered into an agreement to sell immovable property with respondents No.3 and 4. When the agreemen...

High Court

Bombay High Court Dismisses Appeal as Not Maintainable in Arbitration Reference Case. Full Bench holds that an order under Section 8 of the Arbitration and Conciliation Act, 1996 referring parties to arbitration is not appealable under Clause 15 of the Letters Patent, as the Arbitration Act is a self-contained code.

27 Nov 2014

The Full Bench of the Bombay High Court was constituted to decide a reference on the maintainability of an appeal under Clause 15 of the Letters Paten...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application Under Order 7 Rule 11 CPC — Suit for Declaration and Injunction Not Barred by Cooperative Court Jurisdiction. The court held that the dispute regarding sale of property by a cooperative society to third parties does not fall within the ambit of 'business of the society' under Section 91 of the Maharashtra Cooperative Societies Act, 1960, and thus the civil suit is maintainable.

23 Feb 2015

The case involves a Civil Revision Application filed by the applicants (original defendant nos. 1 and 2) against an order dated 17th July 2013 passed ...

High Court

High Court of Bombay at Nagpur Bench Dismisses Writ Petition Challenging Setting Aside of Ex Parte Decree in Recovery Suit. Trial Court's Discretionary Order to Allow Defendant to File Written Statement on Payment of Costs Upheld Under Order 9 Rule 7 CPC.

7 Apr 2015

The petitioner, Dr. Sujitnath Banerjee, filed a suit for recovery of Rs.2,32,62,249/- against the respondents. The defendants were served but failed t...

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