Search Results for "Order XXIII"

433 result(s) found

Scroll Down To Discover

Found 433 result(s)

© Image Copyrights Juris Services & Technology

High Court of Karnataka Dismisses Revision Petition in Eviction Suit — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Tenant's Revision Against Eviction Order Dismissed as No Jurisdictional Error or Material Irregularity Shown.

The case involves a civil revision petition filed by Sri Ishwar Gundojirao Genje @ Muchandi (petitioner) against the legal heirs of the deceased respo...

© Image Copyrights Juris Services & Technology

Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

© Image Copyrights Juris Services & Technology

Bombay High Court Directs Release of Retiral Benefits to Widow Despite Pending Caste Validity Certificate - Employer Cannot Withhold Pensionary Benefits Due to Pendency of Scrutiny Proceedings

The petitioner, Manda w/o Prakash Sonawane, is the widow of a deceased employee who was appointed on a post reserved for a backward category. The empl...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Lok Adalat Award for Lack of Valid Reference Under Section 20 of Legal Services Authorities Act, 1987. Petitioner's Signature Obtained Without Proper Procedure Renders Award Void.

The petitioner, Madhukar Baburao Shete, a senior citizen with 95% physical disability, challenged an award passed by the Lok Adalat in Regular Civil S...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Revision Against Eviction Decree for Subletting Under Maharashtra Rent Control Act. Landlord Proved Subletting as Tenants Had No Control Over Suit Shop and Sub-Tenants Were in Exclusive Possession Under Section 16(1)(e)(ii) of M.R.C. Act.

The case involves a civil revision application filed by the original defendants (applicants) against the judgments and decrees of eviction passed by t...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Scrutiny Committee Order Invalidating ST Certificate for Lack of Affinity Test. Caste Claim as 'Thakur' (ST) Upheld as Contemporaneous Documentary Evidence Outweighs Affinity Test Under Maharashtra Act XXIII of 2001.

The petitioner, Monika Sunil Shinde, a 19-year-old resident of Ahmednagar, filed a writ petition under Article 226 of the Constitution of India challe...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Quashes Lok Adalat Award in Partition Suit for Lack of Jurisdiction and Non-Compliance with Legal Formalities. Lok Adalat Award Passed Without Proper Notice and Without Recording Compromise Terms is Null and Void.

The petitioners, who were defendants in a partition suit, challenged the award passed by the Lok Adalat on 14/08/2009 and the consequential final decr...

© Image Copyrights Juris Services & Technology

Bombay High Court at Goa Allows Second Appeal in Consent Decree Challenge — Separate Suit to Set Aside Consent Decree on Ground of Illegality Not Maintainable. Order XXIII Rule 3A CPC Bars Such Suit; Appellate Court's Judgment Set Aside as Perverse.

The dispute originated from a suit for eviction (R.C.S. No.62/78) between the parties, who are relatives, concerning a structure/taverna in Survey No....

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Suit for Non-Compliance with Section 69 of Indian Partnership Act and Bar of Res Judicata. Suit by unregistered partnership firm held not maintainable; subsequent suit for same cause of action without withdrawing earlier suit also barred.

The plaintiff, Jayesh Pandya, a real estate broker, conducted business under the name 'Pandya & Shah Associates', which was an unregistered partnershi...