Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Allows Rejection of Plaint in Trust Dispute for Non-Compliance with Section 50 of Bombay Public Trust Act, 1950. Suit by devotees challenging removal of deity held barred without Charity Commissioner's consent.

The case involves a Notice of Motion filed by defendant trustees (defendant Nos. 1, 3, 4, and 5) in a suit seeking rejection of the plaint under Order...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...

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High Court of Karnataka Dismisses BDA's Appeal in Property Injunction Suit — Upholds Trial Court's Finding of No Prima Facie Title. BDA Failed to Establish Ownership Over Suit Property as Revenue Records Showed Private Ownership, and No Acquisition Proceedings Were Proven.

The judgment arises from two connected Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and dec...

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CRIMINAL APPLICATION NO.6544 OF 2016

The Criminal Application No. 6544 of 2016 was filed before the High Court of Bombay, Bench at Aurangabad, by nine applicants belonging to the Kothale ...

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Bombay High Court Dismisses Second Appeal in Land Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. No Substantial Question of Law Arises as Courts Below Concurrently Held That Plaintiffs Failed to Prove Title and Possession Over Suit Land.

The appellants, original plaintiffs, filed a suit for declaration of title and possession over agricultural land. The trial court dismissed the suit, ...

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High Court of Bombay at Goa Dismisses Civil Revision Against Rejection of Plaint in Mining Rejects Dumping Suit. Limitation and Jurisdiction Objections Not Decided at Preliminary Stage Under Order 7 Rule 11 CPC as Plaint Disclosed Continuing Cause of Action and Civil Court Jurisdiction.

The respondent, Gurudas G. Pai, filed Special Civil Suit No.34/2011/A before the Civil Judge, Senior Division, Bicholim, against the petitioner, Ms. S...

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Bombay High Court Allows Condonation of Delay in Filing Vakalatnama in Summary Suit — Defendant's Delay of 282 Days Condoned Subject to Costs of Rs. 25,000/-. The Court held that the delay was not intentional and the Defendant had a valid defence, thus condoned the delay in the interest of justice.

The case involves a Chamber Summons filed by the Defendant, Marianella Properties Pvt. Ltd., in a Commercial Summary Suit filed by the Plaintiff, Swas...