Search Results for "Article 227 CPC"

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High Court of Karnataka Quashes Trial Court Order Rejecting Agreement of Sale in Specific Performance Suit — Document Admissible Without Formal Proof Under Section 294 CrPC. Objection to admissibility of document must be raised at time of marking; failure to object results in waiver.

The petitioners (plaintiffs) filed a suit for specific performance of an agreement of sale against the respondents (defendants). During trial, the pla...

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Bombay High Court Allows Impleadment of Property Owners in Suit Against Municipal Corporation Under Order I Rule 10 CPC. Petitioners claiming ownership of suit property are necessary parties to suit for declaration and injunction against demolition notice.

The petitioners, Pushpendrakumar Keshrilalji Sharma and Makarand Sharad Pande, filed a writ petition under Article 227 of the Constitution challenging...

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High Court of Karnataka Allows Writ Petition, Sets Aside Trial Court Order Rejecting Application to Place Arbitration Award on Record. The limitation under Section 34(3) of the Arbitration and Conciliation Act, 1996 applies only to filing of application to set aside award, not to filing of award itself.

The petitioner, M/s. Karnataka State Electronics Development Corporation Limited (KEONICS), a Government of Karnataka undertaking, filed a writ petiti...

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Bombay High Court at Goa Allows Petition Challenging Remand Order in Mundkar Rights Dispute. The court held that the Tribunal erred in remanding the matter when the respondents failed to prove their claim of co-mundkarship or legal heirship under the Goa Mundkar Act, 1975.

The petitioner, Shri Joaquim Joseph Monteiro, challenged a judgment/order dated 25.2.2016 passed by the learned Tribunal in Mundkar Revision No.12/201...

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Bombay High Court Allows Writ Petition Against Dismissal of Suit for Non-Compliance with Discovery Orders. Order XI Rule 21 CPC Dismissal Set Aside as Trial Court Failed to Record Satisfaction of Willful Disobedience.

The petitioner, United Church of Northern India Trust Association, filed a suit for ejectment against the respondents who were in occupation of its pr...

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High Court of Bombay at Goa Allows Amendment of Plaint in Property Suit — Liberal Approach to Amendment Under Order 6 Rule 17 CPC Upheld. The court set aside the trial court's rejection of amendment application, holding that due diligence must be assessed reasonably and not mechanically.

The petitioners, Antonio Braganza and Aldila Braganza, filed a writ petition challenging the order dated 22.07.2015 passed by the learned Adhoc Senior...

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Bombay High Court Dismisses Writ Petition Challenging Jurisdiction in Recovery Suit. Part of Cause of Action Arising at Kolhapur Confers Jurisdiction Under Section 20(c) CPC.

The petitioner, M/s. Rajesh Coach Builders (original defendant no.1), a partnership firm based in Jaipur, challenged the judgment and order dated 15.3...

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Bombay High Court Quashes Criminal Proceedings in Maintenance Case Due to Civil Court Decree of Divorce — Husband's Complaint for Maintenance Filed After Divorce Decree Not Maintainable Under Section 125 CrPC

The petitioners, including the wife and her relatives, sought quashing of criminal proceedings initiated by the husband (respondent no.1) under Sectio...