Search Results for "trial court order"

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Search Results for "trial court order"

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High Court

Bombay High Court Upholds Dismissal of Execution Petition as Time-Barred in Specific Performance Case. Dismissal of Appeal for Want of Prosecution Does Not Constitute Merger of Decree and Limitation Period Runs from Date of Trial Court Decree Absent Stay of Execution.

9 Jun 2025

The dispute arose from a suit for specific performance of an agreement to sell agricultural land. The predecessor of the petitioners (plaintiff) had e...

High Court

NOTICE OF MOTION NO. 443 OF 2012

27 Jun 2013

The matter arises out of Suit No. 1512 of 2009 before the Bombay High Court, filed by Shapoorji Pallonji & Company Ltd. against Jignesh Shah, Aruna Sh...

Supreme Court

Supreme Court Allows Appeal in Civil Procedure Case on Maintainability of Suit Challenging Compromise Decree. The Court held that an independent suit to set aside a compromise decree is barred under Order XXIII Rule 3A of the Code of Civil Procedure, 1908, and the Trial Court correctly rejected the plaint under Order VII Rule 11(d).

9 Feb 2022

The dispute arose from a property gifted to the original plaintiff during his minority, which was later revoked, leading to a development agreement an...

High Court

Bombay High Court Restrains Defendant from Using Similar Trademark in Instant Adhesive Case. Affirms Likelihood of Confusion Between 'FEVIKWIK' and 'KWIKHEAL' Based on Overall Similarity of Marks and Trade Dress.

2 Aug 2017

The plaintiff, Pidilite Industries Limited, a leading manufacturer of adhesives and sealants, filed a suit against Poma-Ex Products and others for tra...

High Court

Bombay High Court Dismisses Revision Petitions in Suit for Specific Performance and Injunction — Upholds Trial Court's Refusal to Strike Out Pleadings Under Order 6 Rule 16 CPC. Court held that disputed questions of title and possession cannot be decided in summary proceedings under Order 6 Rule 16 CPC and require full trial.

30 Nov -0001

The judgment arises from two civil revision applications filed against an order of the City Civil Court, Mumbai, dated 30th April 2014, which dismisse...

High Court

High Court of Karnataka Hears Writ Petition to Quash FIR Against Intermediary in Alleged Fraud. Petitioner Alleged to be Mere Intermediary Between Complainant Company and UK-Based Supplier in International Sales Contract.

21 Feb 2022

The petitioner, Govindaraja, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Crimin...

High Court

High Court of Karnataka Adjudicates State's Petition for Cancellation of Bail in Kidnapping Case Involving Sitting MLA. The Court Reviews Legality of Sessions Court's Grant of Regular Bail Under Section 439 CrPC for Offences Under Sections 364A, 365 IPC.

28 Aug 2024

The State of Karnataka, through its Special Investigating Team (SIT), CID, preferred a criminal petition under Section 439(2) of the Code of Criminal ...

Supreme Court

Supreme Court Allows Complainant's Appeal in Criminal Procedure Case, Reinstating Summons Under Section 319 CrPC. The High Court's Premature Interference with Trial Court's Summons Based on Eyewitness Evidence and Prima Facie Satisfaction Was Set Aside, Emphasizing the Court's Duty to Ensure Justice Under Section 319 of the Code of Criminal Procedure, 1973.

26 Mar 2025

The Supreme Court heard appeals against an order of the Punjab and Haryana High Court which had set aside summons issued under Section 319 of the Code...

High Court

Bombay High Court Allows Decree Holder's Execution Petition and Dismisses Judgment Debtor's Challenge in Property Execution Dispute — Court Holds That Execution Proceedings Are Not Barred by Limitation When Decree Is Put into Execution Within 12 Years of Final Decree Under Article 136 of Limitation Act, 1963.

28 Mar 2019

The case involves two writ petitions arising out of execution proceedings. The decree holder, Dr. (Smt.) Jayashree Avinash Banait, obtained a decree a...

High Court

High Court of Judicature at Bombay, Bench at Aurangabad, considers appeals from order challenging a common remand order passed by the Principal District Judge, Jalgaon in two civil suits concerning partition, joint family property, and a will. The appeals raise the question whether the lower appellate court erred in remanding the suits for fresh disposal instead of deciding them on merits under the Code of Civil Procedure, 1908, given that both trial courts had already decided the suits after full trial.

7 Oct 2022

Background: The litigation arose from two civil suits concerning a property bearing CTS No. 2680/B2 admeasuring 25 ft east-west and 65 ft south-north,...

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