Search Results for "Article 227 CPC"

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Search Results for "Article 227 CPC"

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High Court

Madras High Court Allows Unconditional Leave to Defend in Summary Suit Under Order 37 CPC — Triable Issues Raised Regarding Loan Repayment and Promissory Note Execution. The court set aside the trial court's conditional leave order requiring 50% deposit, holding that the defendants raised substantial triable issues under Order 37 Rule 3(5) CPC.

26 Mar 2026

The case arises from a summary suit filed by the respondent/plaintiff, A. Kanagarajan, against the petitioners/defendants, M/s. Sri MVR Logistics Priv...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Plaint Amendment in Permanent Injunction Suit — Amendment Sought After Trial Commenced Held Barred by Proviso to Order VI Rule 17 CPC. The court upheld the trial court's order rejecting the amendment application filed after the commencement of trial, as the plaintiff failed to show due diligence and the amendment was sought after a lapse of nearly 5 years.

30 Jul 2025

The petitioner, who was the plaintiff in O.S. No. 1102 of 2017 before the II Additional Civil Judge, Bengaluru Rural, filed a writ petition under Arti...

Supreme Court

Supreme Court Dismisses Appeal in MSME Arbitration Execution Dispute, Upholding High Court's Ruling on Nullity Plea and Jurisdiction. Arbitral Award Remains Executable Despite Insolvency Resolution Plan Approving Claim at Nil, as Facilitation Council's Jurisdiction Not Extinguished Under Section 31 Insolvency and Bankruptcy Code, 2016.

21 Apr 2025

The appeal arose from a dispute under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), where the respondent filed claim petit...

Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

High Court

Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

17 Oct 2024

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

High Court

High Court of Karnataka Upholds Rejection of Plaint in Civil Suit for Improper Valuation and Court Fee — Trial Court's Order Under Order VII Rule 11 CPC Affirmed. Non-Compliance with Valuation and Court Fee Requirements Leads to Dismissal of Writ Petition Under Article 227.

19 Jun 2023

The petitioners, Dr. Narasimhalu Nandini Memorial Education Trust and its Managing Trustee Dr. Mahalinga B., filed a writ petition under Article 227 o...

High Court

Bombay High Court Dismisses Revision Against Condonation of Delay in Restoration of Suit — Limitation Period for Filing Restoration Application Not Governed by Article 137 of Limitation Act, 1963. The court upheld the trial court's order condoning a 10-year delay in filing restoration application, holding that Article 137 does not apply to restoration applications and the court has inherent power under Section 151 CPC.

14 Dec 2022

The present Civil Revision Application was filed by the applicants (original defendants) challenging the judgment and order dated 04.05.2022 passed by...

High Court

High Court of Bombay at Goa Quashes Order Allowing Additional Evidence in Criminal Appeal Under Section 482 CrPC — Failure to Satisfy Conditions of Order XLI Rule 27 CPC. Appellate Court Must Record Due Diligence and Necessity Before Permitting Additional Documents.

29 Jan 2019

The petitioners, Smt. Theresa D'Souza and Smt. Thelma D'Souza, filed a criminal writ petition under Article 227 of the Constitution of India read with...

High Court

High Court of Karnataka Upholds Conditional Leave to Defend in Summary Suit Under Order 37 CPC — Deposit of 50% of Suit Claim with Interest Upheld as Reasonable Condition. Court holds that while granting leave to defend, the trial court must balance the interests of both parties and can impose conditions to secure the plaintiff's claim, but such conditions must not be arbitrary or excessive.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

Bombay High Court Dismisses Petition Challenging Trial Court Order Refusing Deletion of Parties in Suit for Declaration and Injunction — Misjoinder of Parties and Causes of Action Not Established. The court held that the presence of defendants 6 to 8 was necessary for complete adjudication of the dispute relating to partnership property and family settlement under Order I Rule 10 CPC.

25 Oct 2013

The petitioners, defendants 1 to 4 in Special Civil Suit No. 2 of 2012, filed a writ petition challenging the trial court's order dated 18 April 2012,...

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