Search Results for "notice under CPC"

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High Court of Karnataka Allows Revision Petition in Summary Suit Case — Sets Aside Leave to Defend Granted to Defendant Due to Lack of Triable Issues. The court held that unconditional leave to defend cannot be granted unless the defendant raises triable issues under Order XXXVII Rule 3(5) CPC.

The petitioner, Metro Cash & Carry India Pvt. Ltd., filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) chall...

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Bombay High Court Hears Appeal Against Company Law Board Order Dismissing Petition. Court Frames Questions on Applicability of Section 111A and Section 43A of Companies Act, 1956 to Deemed Public Company.

The appeal arose from a company petition filed by the appellants, members of the Kavasmaneck family, before the Company Law Board, Mumbai, alleging op...

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Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Forest Land Dispute — Non-Compliance of Section 114(A) Notice Not Fatal at Threshold Stage. Notice under Section 114(A) of Karnataka Forest Act, 1963 is procedural and not a bar to maintainability of suit for declaration and injunction.

The appellants, Sidramayya and Roopa, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and...

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High Court of Karnataka Considers Commercial Appeal Against Trial Court's Refusal to Grant Interim Injunctions in Trademark Infringement Suit. The Court Addresses Preliminary Objection Regarding Maintainability of the Suit and Appeal Without Board Resolution.

The dispute traces back to a family-run jewellery business started in 1869 by C.Krishnaiah Chetty at No.35, Commercial Street, Bangalore. Over generat...

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Bombay High Court Allows Writ Petition Challenging Appellate Order Setting Aside Dismissal of Suit Under Order IX Rule 5 CPC — Order IX Rule 5 CPC Held Directory, Not Mandatory, and Dismissal of Suit for Non-Service of Summons Within One Year Not Automatic Where Suit Has Progressed to Evidence Stage

The case involves a writ petition filed by Smt. Zaibunnisa and Mr. Riyazur Rahim, sister and brother, against an order passed by the 6th Additional Se...