Search Results for "Article 227 CPC"

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Bombay High Court Allows Amendment of Plaint After 30 Years in Property Suit — No Prejudice as Trial Not Commenced. Pre-Trial Amendment Permissible Under Order VI Rule 17 CPC Despite Delay, as No New Cause of Action Introduced.

The present writ petition arises out of a civil suit filed in 1993 by the original plaintiffs, Smt. Bertha Carvalho and Shri Ross Carvalho, against th...

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High Court of Karnataka Quashes Slum Notification for Non-Compliance with Section 3 of Karnataka Slum Areas Act. Landowners succeed in challenging slum declaration due to lack of prior publication and consideration of objections.

The petitioners, owners of land in Mandya District, challenged a notification dated 07.01.2013 issued by the Deputy Commissioner, Mandya, declaring th...

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Bombay High Court Dismisses Challenge to Impleadment Order in Civil Suit Under Order I Rule 10 CPC. Applicants Claiming Independent Title and Possession Over Suit Property Are Necessary Parties for Effective Adjudication.

The petitioner, Gajanan Mahadeo Potdar, filed a writ petition challenging the order dated 22.10.2021 passed by the Civil Judge, Junior Division, Aatpa...

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Bombay High Court Dismisses Petition Challenging Commercial Court Jurisdiction in Construction Contract Dispute. Agreement for Development Rights and Construction of Building Falls Under Section 2(1)(c)(vi) of Commercial Courts Act, 2015 as a Construction Contract, Not Requiring Exclusive Commercial Use.

The petitioners, original defendants in a commercial suit, challenged an order of the District Court at Nashik sitting as a commercial court, which re...

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High Court of Karnataka Allows Appeal in Recovery Suit, Sets Aside Decree Due to Non-Production of Best Evidence. Adverse Inference Drawn Under Section 114(g) of Indian Evidence Act, 1872 Against Plaintiff Who Failed to Produce Written Agreement and Delivery Challans.

The appellant, Karnataka State Agro Corn Products Ltd., a Government of Karnataka undertaking, was the defendant in a suit for recovery of money filed...