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Bombay High Court Dismisses Appeal Against Order Holding Notice of Motion Under Order IX Rule 9 CPC Not Maintainable. Suit Dismissed Under Order XVII Rule 2 CPC on Merits Cannot Be Restored Under Order IX Rule 9; Proper Remedy Is Appeal.

The appellants, original plaintiffs, filed a suit which was dismissed by the City Civil Court on 13th August 1996. The dismissal was under Order XVII ...

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Karnataka High Court Hears Appeal Against Trial Court Decree Declaring Oral and Registered Gift Deeds Void in Partition Suit. Trial Court Had Found That Widow Did Not Acquire Absolute Title Under Section 14(1) of Hindu Succession Act, 1956, and Gift by Her Was Not Binding on Other Legal Heirs.

This Regular First Appeal arises from a partition suit filed by the legal heirs of late Anandarao Jadhav against the legal representatives of his brot...

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High Court of Karnataka Allows Appeal in Injunction Suit, Remands Case for Fresh Consideration on Possession and Title. Trial court's dismissal of suit and decree of counter claim set aside due to improper appreciation of evidence.

The appellant, P V Kamesh Kumar, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

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Bombay High Court Allows Appeal of Food Corporation of India Against Railway Claims Tribunal Order Dismissing Claim for Non-Compliance of Section 80 CPC. Notice Under Section 80 CPC Not Required for Claims Before Railway Claims Tribunal as It Is Not a Civil Court.

The Food Corporation of India (FCI) filed a suit in the Civil Court at Jalgaon on 15.10.1981 for recovery of Rs.30,125/- due to short delivery of 241 ...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Not Binding as Vendor Not Party. Agreement executed between plaintiff and defendant without vendor's consent held unenforceable under Section 54 of Transfer of Property Act, 1882.

The appellant (defendant in the suit) challenged the judgment and order dated 16/07/2022 passed by the learned District Judge No. 18, Nagpur in Regula...