Search Results for "automatic decree"

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

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Bombay High Court Allows Cross Appeals in Part in Arbitration Dispute Over Interim Measures Under Section 9 of the Arbitration and Conciliation Act, 1996. The Court Clarifies That an Award Creditor Can Seek Interim Relief During Section 34 Proceedings to Secure the Award Amount.

The case involves cross appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a common order dated 1 July 2019 passed by...

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Bombay High Court Allows Legal Heir to Be Brought on Record in Final Decree Proceedings Without Setting Aside Abatement. Final Decree Proceedings Are Execution Proceedings; Order 22 Rules 3, 4, 8 CPC Not Applicable.

The case involves a Civil Revision Application filed by Anuradha Vasantrao Ghorpade, the legal heir of Vasantrao Tatyaso Ghorpade (deceased), challeng...

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High Court of Karnataka Dismisses Appeal by Industrial Development Board in Suit for Declaration and Injunction — Board's Failure to Prove Title and Possession Leads to Dismissal of Appeal.

The appeal was filed by the Karnataka Industrial Areas Development Board (KIADB) and its officers against the judgment and decree dated 12.12.2012 pas...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...