Search Results for "Article 227 CPC"

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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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Bombay High Court Dismisses Petition Challenging Refusal to Return Plaint in Summary Suit Based on Dishonoured Cheques. Territorial Jurisdiction Determined by Place of Delivery and Dishonour of Cheques, Not Place of Delivery of Goods.

The petitioners, M/s. Rudraksh Laminates Pvt. Ltd. and another, were defendants in a summary suit filed by the respondent, M/s. Vimal Inter Trade Priv...

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Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Civil Suit — Amendment Sought to Introduce Declaration Regarding Will Was Not Necessary for Determining Controversy.

The petitioner, Ms. Sheela Suresh Nimkar, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 10 June 2015...

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High Court of Bombay at Nagpur Dismisses Writ Petition Challenging Lok Adalat Award in Execution Proceedings. Lok Adalat Award Under Section 21 of Legal Services Authorities Act, 1987 Is Final and Binding and Cannot Be Challenged Under Section 47 CPC.

The petitioner, Dhanraj Dnyaneshwar Koche, along with respondent No.2, owned an agricultural field and entered into an agreement to sell it to respond...

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Bombay High Court Dismisses Writ Petition Challenging Civil Judge's Order Refusing Temporary Injunction in Property Dispute. Petitioner Failed to Establish Prima Facie Case Under Order 39 Rules 1 and 2 CPC for Declaration and Injunction Suit.

The petitioner, Dr. Ena Maria Carvalho E Abreu, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 30th N...

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Bombay High Court Allows Filing of Written Statement Despite Delay in Civil Suit for Declaration and Injunction. Order 8 Rule 1 CPC Held Directory, Not Mandatory — Delay Condoned on Sufficient Cause with Costs.

The petitioner, Dhiraj Vijaykant Kudale, filed a writ petition under Article 227 of the Constitution of India challenging three orders passed by the t...

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Bombay High Court Allows Writ Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Summary Suit. Court holds that the trial court failed to consider that the defendant had a valid defence and that the ex-parte decree was passed without proper service of summons under Order 37 CPC.

The petitioners, Kishor Raghunath Pande and Vijaya Raghunath Pande, filed a writ petition under Article 227 of the Constitution of India challenging a...

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Bombay High Court Dismisses Petition Challenging Impleadment of Landlord in Suit Against Demolition Notice Under Section 351 of BMC Act, 1888. Landlord's Direct Interest in Property Makes Them a Necessary Party Under Order 1 Rule 10 CPC.

The petitioners, claiming to be owners of a gala in Dhiraj Pen Compound, Andheri, filed a suit challenging a demolition notice dated 17 September 2008...