Search Results for "Order XXIII"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Order XXIII"

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High Court

High Court of Karnataka Dismisses Insurance Company's Petition Challenging Tribunal's Refusal to Implead Additional Witnesses in Motor Accident Claim — No Jurisdictional Error Found in Tribunal's Discretionary Order. The Court held that the Tribunal's decision to reject impleadment of proposed respondents as unnecessary parties does not warrant interference under Article 227 of the Constitution of India.

22 Apr 2025

The judgment pertains to two writ petitions filed by the Manager of ICICI Lombard General Insurance Company Limited under Article 227 of the Constitut...

Supreme Court

Supreme Court Quashes High Court Order Allowing Amendment of Plaint in Partition Suit Due to Lack of Due Diligence and Impermissible Challenge to Compromise Decree. Amendment Sought at Fag End of Trial to Add Declaration Prayer Was Rejected as Oversight Alone Does Not Satisfy Proviso to Order VI Rule 17 CPC and Remedy for Compromise Decree Lies Only Before Same Court Under Order XXIII Rule 3 CPC.

29 Feb 2024

The dispute arose from a suit for partition of ancestral property filed by respondents No. 1 and 2 in 2005. They pleaded the existence of a compromise...

High Court

High Court of Karnataka Dismisses Revision Petitions in Land Dispute Case — Upholds Trial Court's Order Refusing to Set Aside Ex Parte Decree. Court holds that the petitioners failed to show sufficient cause for their absence and that the trial court's discretion under Order IX Rule 13 CPC was properly exercised.

5 Feb 2024

The case involves two civil revision petitions filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) by the petitioners, who were defenda...

High Court

High Court of Karnataka Upholds Discharge of Accused in Corruption Case for Disproportionate Assets — Lack of Sanction and Incomplete Investigation. Trial Court's order of discharge under Section 13(1)(e) r/w 13(2) of Prevention of Corruption Act, 1988 upheld as prosecution failed to establish prima facie case due to absence of valid sanction and incomplete check period.

15 Jul 2022

The State of Karnataka, through the Lokayukta Police, filed a criminal revision petition under Section 397 r/w 401 of the Code of Criminal Procedure, ...

High Court

Bombay High Court Dismisses Appeal Against Grant of Liberty to Withdraw Suit Under Order 23 Rule 1(3) CPC — Appeal Not Maintainable Under Section 13 of Commercial Courts Act, 2015. The order granting leave to withdraw with liberty to file fresh suit is not a 'judgment' under Section 13 of the Commercial Courts Act, 2015, and hence no appeal lies.

11 Mar 2022

The Appellant, Resilient Innovations Private Limited, filed an appeal under Section 13 of the Commercial Courts Act, 2015, challenging an order of the...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claims — Apportionment of Negligence and Quantum of Compensation Reassessed. The court held the car driver solely negligent and enhanced compensation for injuries and death.

17 Dec 2018

The judgment arises from four appeals filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 13.12.2013 pass...

High Court

Bombay High Court Dismisses Writ Petition Challenging Order Setting Aside Election of Councilor for Non-Disclosure of Criminal Cases. Failure to Disclose Pending Criminal Cases in Affidavit Under Section 5A of Maharashtra Municipal Corporations Act, 1949 Renders Election Void.

22 Jan 2018

The petitioner, Shri Rajendra Jayant Devalekar, was elected as a Councilor of the Kalyan-Dombivli Municipal Corporation in the 2015 elections. Respond...

High Court

Bombay High Court Allows Revision Application in Suit for Permanent Injunction — Dispute Over Property Rights and Possession. Court Holds That Trial Court Erred in Dismissing Application Under Order 39 Rule 1 and 2 CPC Without Proper Application of Mind and Without Considering Prima Facie Case.

4 Jan 2018

The revision application was filed by the applicants (original plaintiffs) challenging the order dated 23.11.2017 passed by the trial court dismissing...

High Court

Bombay High Court Dismisses Civil Revision Against Permission to Withdraw Suit with Liberty to File Fresh Suit. Withdrawal Allowed Under Order XXIII Rule 1 CPC as Plaintiff Sought to Withdraw Due to Technical Defect, Not Abuse of Process.

8 Sep 2016

The original defendants in Regular Civil Suit No. 22 of 2004 challenged the order dated 1st January 2014 passed by the learned Adhoc District Judge-1,...

High Court

Bombay High Court Dismisses Appeal Challenging Election of OBC Candidate — Upholds Single Judge's Decision That Invalid Caste Certificate Does Not Retrospectively Disqualify Candidate. The court held that the election of a candidate from a reserved seat cannot be set aside solely because the caste certificate was later invalidated by the Scrutiny Committee, as the invalidation operates prospectively.

21 Apr 2011

The appellant, Aziz Ahmad Gulam Rasul, and respondent no.4, Iqbal Ahmad, contested the election for Councillor from Ward No. 16 of Akola Municipal Cor...

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