Search Results for "Article 227 CPC"

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Madras High Court Allows Revision Petition Challenging Return of Section 34 Petition for Lack of Jurisdiction — Holds That Exclusive Jurisdiction Clause in Contract and Prior Section 9 Filing at Salem Confer Jurisdiction on Salem Courts Under Section 42 of Arbitration and Conciliation Act, 1996.

The revision petitioner, Waterbury Farrel, a division of Magnum Integrated Technologies Inc., Canada, filed Arb.O.P.No.103 of 2019 before the Principa...

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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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Gujarat High Court Quashes Trial Court Order Allowing Late Filing of Written Statement in Civil Suit — Violation of Order 8 Rule 1 CPC. Court holds that discretion to condone delay in filing written statement must be supported by sufficient cause and cannot be exercised mechanically.

The petitioners, original plaintiffs in Regular Civil Suit No. 294/2010 pending before the Court of Additional Senior Civil Judge (Rural), Ahmedabad, ...

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Madras High Court Dismisses Revision Against Amendment of Plaint in Money Suit — Legal Representatives Liable to Extent of Estate Inherited. Amendment Allowed as Necessitated by Death of Sole Defendant, Not Barred by Proviso to Order VI Rule 17 CPC.

The respondent/plaintiff filed a suit (O.S.No.242 of 2018) for recovery of money based on a promissory note against one Balakrishnan (sole defendant)....

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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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High Court of Karnataka Quashes Ex-Parte Ad-Interim Order in Trademark Infringement Suit for Lack of Jurisdiction. Suit filed without cause of action within court's territorial limits held void ab initio under Section 20 of the Code of Civil Procedure, 1908.

The petitioner, M/s Fine Footwear Private Limited, was the first defendant in a civil suit (O.S. No.2598/2019) filed by the respondents (Skechers enti...

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High Court of Karnataka Sets Aside Order Dismissing Compromise Petition in Partition Suit — Emphasizes Liberal Approach to Compromise Under Order XXIII Rule 3 CPC. Trial Court Failed to Examine Genuineness of Compromise and Consent of Parties, Leading to Remand for Fresh Consideration.

The petitioner, Shri K M Manjunath, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 05.01.2016 passed...

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Bombay High Court Quashes Appointment of Court Commissioner for Evidence Collection in Civil Suit — Appointment for Collecting Evidence Held Impermissible Under Order XXVI Rule 9 CPC.

The case involves a writ petition filed by the defendants (petitioners) challenging an order of the 8th Joint Civil Judge, Junior Division, Karad, dat...

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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...