Search Results for "notice under CPC"

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Search Results for "notice under CPC"

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High Court

Bombay High Court Dismisses Application for Recalling Witness in Election Petition — No Power to Recall Witness After Cross-Examination Under CPC and Representation of the People Act, 1951. The court held that Order XVIII Rule 17 CPC does not permit recall of a witness for further cross-examination after discharge, and inherent powers under Section 151 CPC cannot be invoked to circumvent specific provisions.

30 Nov -0001

The case arises from an election petition filed by Ravindra Ramji Mundhe (petitioner) challenging the election of Avadhoot Anil Tatkare (respondent No...

High Court

High Court of Karnataka Allows Appeal Against Ex-Parte Injunction in Trademark Infringement Suit — Non-Compliance with Order XXXIX Rule 3(a) CPC Renders Injunction Invalid. The court held that the trial court's order issuing suit summons and notice on I.A.No.3 after the plaintiff failed to comply with Order XXXIX Rule 3(a) CPC within 30 days was unsustainable.

6 Jan 2017

The respondent/plaintiff, Mavalli Tiffin Rooms, filed a suit for permanent injunction against the appellant/defendant, HMS Host Services India Pvt. Lt...

High Court

Trademark Dispute: Examination of Ex-Parte Injunction and Material Disclosure Obligations.

25 Oct 2024

The case concerns a trademark dispute where Dharampal Satyapal Foods Ltd., the defendant, sought to vacate an ex-parte injunction granted to Parle Pro...

High Court

High Court of Karnataka Dismisses Revision Petition Against Family Court Order Setting Aside Exparte Divorce Decree. Order IX Rule 13 CPC Held Applicable to Family Courts Despite Section 19 of Family Courts Act.

10 Sep 2015

The petitioner-husband, Eknath, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging an order date...

High Court

High Court of Bombay at Goa Dismisses Petitioner in Civil Writ Petition Challenging Rejection of Consent Terms Modification — Application Under Order 23 Rule 3 CPC Not Maintainable for Partial Amendment. Consent Decree in Maintenance Dispute Cannot Be Altered by Substituting 'per month' for 'per annum' on Mistake Ground, as Only Entire Decree Can Be Set Aside Under Order 23 Rule 3 CPC.

6 May 2005

The writ petition under Article 227 of the Constitution of India arose from a family dispute over maintenance payable under a consent decree. In Regul...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Jurisdiction of District Judge in Execution Proceedings. Court Holds That Execution Can Be Transferred to Competent Court and District Judge Has Power Under Section 47 CPC.

23 Sep 2015

The petitioner, Sri R. Raghu, filed a writ petition under Article 227 of the Constitution of India challenging the jurisdiction of the 1st Additional ...

Supreme Court

Supreme Court Allows Decree Holder's Appeal in Execution of Foreign Money Decree Under Section 44A CPC. High Court of Delhi Held to Have Jurisdiction as Principal Civil Court of Original Jurisdiction When Decretal Amount Exceeds Pecuniary Limits Under Section 5(2) of Delhi High Court Act, 1966.

28 Jan 2022

The dispute arose from the execution of a money decree dated 7th February 2006, passed by the High Court of Justice, Queen’s Bench Division, Commerc...

High Court

High Court of Karnataka Upholds Decree for Specific Performance of Agreement of Sale — Plaintiff's Readiness and Willingness Established. Agreement dated 12.08.2004 for sale of property for Rs.75 lakhs with advance of Rs.10 lakhs; defendant failed to execute sale deed; trial court decree upheld.

31 Mar 2016

The case involves a suit for specific performance of an agreement of sale dated 12.08.2004 for a property in Seegehalli Village, Bengaluru. The plaint...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Upholding Extension of Time for Deposit. Trial Court's Discretionary Order Under Section 148 CPC and Section 28 Specific Relief Act Upheld as Plaintiff Showed Sufficient Cause for 853-Day Delay Through Illness.

24 Feb 2023

The dispute arose from a civil suit for specific performance of an agreement to sell dated 09.05.2012, where the plaintiff had paid an advance of Rs. ...

High Court

High Court of Karnataka Allows Writ Petition Challenging Execution of Arbitral Award Without Decree — Arbitral Award Cannot Be Executed Directly Under Section 38 CPC Without Prior Decree Under Section 36 of Arbitration Act.

13 Mar 2014

The petitioner, Sri Chandrashekhar, was the judgment debtor in execution proceedings before the Principal District and Sessions Judge, Mysore. The dec...

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