Search Results for "Section 2(12) CPC"

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Bombay High Court Dismisses Second Appeal in Money Recovery Suit, Upholds Concurrent Findings on Debt and Interest. Courts below correctly relied on balance confirmation letter and power-of-attorney holder's evidence under Order 3 Rule 2 CPC.

The respondent/plaintiff filed Regular Civil Suit No. 298 of 2012 before the Civil Judge Senior Division, Kolhapur, seeking recovery of Rs. 3,05,045/-...

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Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

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Supreme Court Upholds Hotel Liability for Theft of Guest's Car from Valet Parking Under Bailment and Infra Hospitium Principles. Insurer as Subrogee Can Maintain Consumer Complaint as Co-Complainant.

The appeal arose from a consumer complaint filed by the insurer (United India Insurance Company Ltd.) and the car owner (Respondent No. 2) against the...

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Supreme Court Upholds Hotel Liability for Theft of Guest's Car from Valet Parking Under Bailment and Infra Hospitium Principles. Insurer as Subrogee Can File Consumer Complaint Jointly with Assured.

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission dismissing the hotel's appeal against an order of the State Co...

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High Court of Karnataka Grants Anticipatory Bail to Accused in MMRD Act and IPC Case — Custodial Investigation Not Required. Offences under Section 21 of MMRD Act, 1957 and Section 379 IPC do not necessitate custodial interrogation; anticipatory bail granted with conditions.

The petitioner, Iranna S/o Mallappa Baliger, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking antici...

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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Suit Challenging Transfer of Flat by Executors Before Probate. The court set aside the trial court's order appointing a Receiver and remanded the matter for fresh consideration of balance of convenience.

The appeals arose from an order dated 13 March 2014 of the learned Trial Judge in a notice of motion taken out by the plaintiffs in a suit seeking to ...

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Bombay High Court Upholds Contempt Proceedings for Breach of Injunction Against Subsequent Purchaser. Order 39 Rule 2A CPC applies to parties added after injunction order if they have knowledge of it.

The case arises from a civil suit (Regular CS No. 21 of 2001) filed by respondents no. 2 and 3 (original plaintiffs) seeking injunction against defend...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint for Non-Payment of Court Fees in Commercial Suit. Court upholds trial court's order rejecting plaint under Order VII Rule 11(c) CPC for failure to pay deficit court fees within extended time.

The appellant, Nine Media & Information Services Ltd., filed a commercial suit against multiple respondents including Hero Honda Motors Ltd. and other...