Search Results for "Order XLIII CPC"

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Search Results for "Order XLIII CPC"

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High Court

Madras High Court Allows Appeal in Commercial Dispute Over Attachment of Property Before Judgment — Order XXI Rule 46 CPC Not Applicable to Original Suits, But Court Grants Relief Under Order XXXVIII Rule 5 CPC. The court held that an application under Order XXI Rule 46 CPC is not maintainable in an original suit, but the plaintiff can seek attachment before judgment under Order XXXVIII Rule 5 CPC if the defendant intends to obstruct or delay execution.

2 Apr 2026

The appellant, Radiance Realty Developers India Limited, filed a suit against the respondent, M. Rekha, for recovery of Rs.41,42,871/- based on a cons...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Temporary Injunction in Property Suit — Prima Facie Case and Irreparable Injury Established for Suit Property Protection. The court held that the appellant had made out a prima facie case, balance of convenience was in her favour, and irreparable injury would be caused if injunction was not granted under Order 39 Rule 1(a) CPC.

7 Jul 2025

The case involves a property dispute among family members. The appellant, Smt. M.D. Devamma (since deceased, represented by her legal heir Sri. Harish...

High Court

High Court of Karnataka Quashes Megha Lok Adalat Decree in Property Suit — Petitioner Not a Party to Compromise. Decree Passed Without Jurisdiction as Dispute Was Not Referable to Lok Adalat Under Section 20 of Legal Services Authorities Act, 1987.

23 Aug 2024

The petitioner, Kishore Baldev Bajaj, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a decree dated 25...

High Court

High Court of Karnataka Holds Appeal Maintainable Under Section 13(1A) of Commercial Courts Act Against Ex-Parte Mandatory Injunction in Copyright Infringement Suit. Trial Court’s Failure to Record Reasons for Dispensing Notice Before Granting Mandatory Injunction Under Order 39 Rule 3 CPC Challenged as Violative of Procedural Mandate.

8 Nov 2022

The appellant, Smt. Supriya Shrinate, the Chairperson of Social Media and Digital Platforms of the Indian National Congress, challenged an ex-parte or...

High Court

High Court of Karnataka Considers Cross-Appeals in Suit for Specific Performance and Injunction — Interim Relief Sought Under CPC and Commercial Courts Act. The suit concerned enforcement of a Negative Lien Letter and personal guarantees, with the plaintiff bank seeking to restrain alienation of assets.

17 Apr 2021

The case involves cross-appeals arising from a commercial suit filed by Bank of Baroda against Dr. Bavaguthu Raghuram Shetty and Dr. Chandrakumari Rag...

High Court

Bombay High Court Allows Appeal Against Remand Order in Contract Dispute — Limitation Issue Must Be Decided as Preliminary Point. Court holds that Order XLIII Rule 1(u) CPC appeal is maintainable against a remand order that fails to decide a preliminary issue of limitation, and directs the trial court to frame and decide the limitation issue first.

8 Mar 2021

The appellant, Tikamdas s/o Sukhdevdas Vaishnao, filed an appeal under Order XLIII Rule 1(u) of the Code of Civil Procedure, 1908 (CPC) against the ju...

High Court

High Court of Karnataka Dismisses Appeal in Arbitration Matter — Appeal Against Order Under Section 34 of Arbitration Act Not Maintainable Under Commercial Courts Act. The court held that the remedy of appeal against an order under Section 34 of the Arbitration and Conciliation Act, 1996 lies under Section 37 of that Act, and not under Section 13(1) of the Commercial Courts Act, 2015.

11 Feb 2021

The case involves an appeal filed under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts A...

High Court

Bombay High Court Dismisses Appeals Against Appointment of Receiver in Share Pledge Dispute. Court upholds appointment of Court Receiver as receiver of pledged shares under Section 9 of the Arbitration and Conciliation Act, 1996, finding that the appellant failed to make out a prima facie case for interference.

10 Aug 2019

The case involves two commercial appeals filed against an order of the learned Single Judge appointing the Court Receiver as receiver of certain pledg...

High Court

High Court of Karnataka Dismisses Petitions Challenging Rejection of Temporary Injunction in Suit for Permanent Injunction — Held That Order of Rejection Is Not Appealable Under Order XLIII Rule 1(r) CPC as It Does Not Amount to Refusal of Injunction Under Order XXXIX Rule 1 or 2 CPC.

22 Mar 2019

The petitioners filed two writ petitions challenging the order of the Senior Civil Judge, Jamkhandi, dated 18.01.2018, rejecting their application for...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Dispute Over Will and Joint Family Property. Court holds that a suit for partition is maintainable even if the plaintiff claims through a Will, and the Civil Court has jurisdiction to decide the validity of the Will.

30 Nov -0001

The case involves an appeal against an order rejecting a plaint in a partition suit. The appellants, who were original defendants, challenged the tria...

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