Search Results for "Article 227 CPC"

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Gujarat High Court Quashes Appointment of Court Commissioner in Partition Suit for Lack of Notice to Defendant. Appointment of Commissioner under Order 26 Rule 9 CPC for collecting evidence of possession is impermissible without hearing the affected party.

The petitioner, Hemantkumar Chandrakant Gaywala, original defendant No.4, filed a Special Civil Application under Article 227 of the Constitution of I...

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Gujarat High Court Allows Amendment of Plaint in Specific Performance Suit — Impleadment of Government Officers Permitted. Pre-Trial Amendment Liberally Allowed to Avoid Multiplicity of Litigation Under Order 1 Rule 10 and Order 6 Rule 17 CPC.

The present petition was filed under Article 227 of the Constitution of India by the petitioners, who are the original plaintiffs in Special Civil Sui...

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Gujarat High Court Dismisses Petition Challenging Rejection of Amendment Application in Civil Suit — Petitioner Failed to Show Due Diligence in Seeking Impleadment After 14 Years.

The petitioner, original plaintiff in Special Civil Suit No. 47 of 2010 pending before the 4th Senior Civil Court, Porbandar, filed a writ petition un...

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Supreme Court Allows Appeal by GPA Holder in Contract Dispute, Restores Trial Court Order for Restoration of Arbitration Proceedings. Agency with Interest Cannot Be Terminated by Principal's Death Under Section 202 of Indian Contract Act, 1872.

The case arises from a contract between P. Seshareddy (original contractor) and the State of Karnataka for execution of the UKP project. Seshareddy ex...

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High Court Upholds Amendment of Plaint in Money Recovery Suit — Cause of Action and Limitation Details Permitted. Amendment sought to insert paragraph specifying cause of action and limitation held to be necessary for determination of real controversy between parties.

The petitioner, Bhaskar Gowda, was the defendant in a money recovery suit filed by the respondent, Padmaprabha Kumar Y @ P.K. Jain, in the Court of II...

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Bombay High Court Dismisses Petition Challenging Injunction Order in Property Dispute Between Brothers. Court upholds trial court's discretion in granting temporary injunction under Order 39 Rules 1 and 2 CPC, finding no perversity or jurisdictional error.

The petitioners, original defendants in a civil suit, challenged the order dated 2nd May 2017 passed by the District Judge-2, Niphad, dismissing their...

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Bombay High Court Dismisses Suit Challenging Income Tax Order for Lack of Jurisdiction Under Section 269UN of Income Tax Act, 1961. Jurisdiction of Civil Court Barred as Appropriate Authority's Order Under Chapter XXC Is Final and Conclusive.

The plaintiff, Sasmita Investments Ltd., filed a suit in the Bombay High Court challenging an order passed by the Appropriate Authority under Chapter ...