Search Results for "default dismissal"

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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...
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Search Results for "default dismissal"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Restoration Order in Eviction Case — Petitioner Failed to Show Sufficient Cause for Absence. The Court upheld the City Civil Court's finding that the petitioner and his advocate were consistently absent without sufficient cause, and no documentary evidence of illness was produced.

20 Oct 2011

The petitioner, M.N. Ranade, occupied premises owned by Bank of Maharashtra. The Estate Officer under the Public Premises (Eviction of Unauthorized Oc...

High Court

Bombay High Court Dismisses Grandfather's Petition Challenging Custody Order — Father Entitled to Custody as Natural Guardian Under Section 6 of Hindu Minority and Guardianship Act, 1956. The court upheld the lower court's order directing handover of minor child to father, rejecting grandfather's claim based on suspicion of daughter's death.

18 Jul 2012

The petitioner, Bhagwan Haribhau Rathod, filed a writ petition challenging the judgment and order dated 8.8.2009 passed by the learned District Judge-...

High Court

High Court of Bombay at Goa Dismisses State's Petition Challenging Refusal to Extend Time for Filing Written Statement in Medical Negligence Suit. Delay of Over 5 Years in Filing Written Statement Not Condonable Under Order XXVII Rule 7 CPC as No Sufficient Cause Shown.

29 Mar 2019

The State of Goa and the Public Health Department filed a writ petition under Article 227 of the Constitution of India challenging the order dated 08/...

High Court

Bombay High Court Dismisses Application for Restoration of Contempt Petition - Contempt Proceedings Cannot Be Restored Once Dropped Due to Double Jeopardy Principle. The Court held that restoration would violate the principle of autrefois acquit under Section 12 of the Contempt of Courts Act, 1971.

12 Dec 2005

The applicant, Shri Damodar Sadashiv Agre, filed a contempt petition (Contempt Petition No.29 of 2004) alleging non-compliance of an order passed by t...

High Court

Bombay High Court Dismisses Tenants' Petition Challenging Eviction Order Under Bombay Rent Act — Landlord's Bona Fide Need for Demolition and Reconstruction Upheld. The court held that the landlord's requirement for demolition and reconstruction was bona fide and the tenant failed to establish greater hardship under Section 13(1)(hh) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

30 Nov -0001

The case involves a writ petition filed by the tenants, Vaman Ramlal Naik and Prakash Ramlal Naik, challenging the order of the appellate authority un...

High Court

Bombay High Court Allows Petitioner's Challenge to Interim Custody Order in Vehicle Dispute — Held That Magistrate Must Decide Custody Based on Possession and Title, Not Merely on Claim of Purchase. The Court set aside the order granting interim custody to the auction purchaser without considering the petitioner's claim of possession and illegal repossession under the hire purchase agreement.

25 Jun 2013

The petitioner, Tukaram Gangaram Bhange, filed a criminal writ petition challenging an order of the Judicial Magistrate First Class (J.M.F.C.), Nanded...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Reverses Lower Appellate Court's Dismissal for Non-Prosecution. Held that an appeal cannot be dismissed for default under Order 41 Rule 17(1) CPC if the appellant or counsel is absent; the court must decide on merits under Rule 17(2) if the respondent is present and ready to argue.

9 Nov 2006

The appellants, who were plaintiffs in a partition suit, filed a second appeal before the Bombay High Court against the judgment of the District Judge...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

4 Nov 2025

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

High Court

Bombay High Court Allows Revision Application in Suit for Specific Performance — Court Holds That Dismissal of Suit for Default Under Order 9 Rule 8 CPC Cannot Be Converted Into a Decree on Merits Without Proper Application of Mind.

25 Feb 2014

The present Civil Revision Application arises out of a suit for specific performance of contract filed by the applicant (original plaintiff) against t...

High Court

Bombay High Court Allows Decree Holder's Appeal in Execution Proceedings — Transfer of Attached Property Void Under Section 64 CPC. Sale of Property by Judgment Debtor After Attachment Order Cannot Defeat Decree Holder's Right to Execute Decree.

9 Sep 2014

The case arises from a First Appeal filed by Mrs. Meera Unnikrishnan, the decree holder, against the dismissal of her execution application by the Civ...

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