Search Results for "Civil Procedure Code, 1908"

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Search Results for "Civil Procedure Code, 1908"

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High Court

Bombay High Court Quashes Orders Rejecting Condonation of Delay in Customs and Central Excise Appeals; Directs Fresh Consideration. Appellate Authorities Failed to Exclude Time Taken in Prosecuting Writ Petitions Before Filing Statutory Appeals, as Required Under Section 14(2) of Limitation Act, 1963.

24 Dec 2014

The judgment arises from two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court. The lead petition, WP N...

High Court

High Court of Karnataka Allows Commercial Appeal in Arbitration Matter — Sets Aside Trial Court Order Refusing Interim Injunction. Court holds that an arbitral award granting specific performance of a sale agreement creates a vested right in the property, and the court under Section 9 of the Arbitration and Conciliation Act, 1996, can grant interim protection to preserve the subject matter of the dispute pending challenge to the award.

19 Jul 2024

The appellant, M/s KLR Group Enterprises, filed a Commercial Appeal under Section 13(1-A) of the Commercial Courts Act, 2015, read with Section 37(1)(...

High Court

Bombay High Court Dismisses Developer's Interim Injunction Application in Redevelopment Dispute and Holds Civil Suit Not Barred by Section 91 of Maharashtra Co-operative Societies Act, 1960. Developer's Claim for Specific Performance of Development Agreement Against Co-operative Housing Society Held Maintainable as Developer Is Not a Member Under Section 91, and Transaction Not Subject to Restrictions Under Sections 43, 44, or 45.

13 Jul 2016

The suit was filed by a partnership firm of developers, Maya Developers, against the Azad Co-operative Housing Society Ltd. and its members, seeking s...

Supreme Court

Supreme Court Upholds Rejection of Plaint in Civil Suit Due to Failure to Seek Necessary Declarations Under Specific Relief Act. The suit was barred under Section 34 of the Specific Relief Act, 1963, as the plaintiff admitted executing sale deeds as security but did not seek declarations regarding their validity, leading to rejection under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908, with no amendment permitted after rejection.

20 Jul 2021

The dispute originated from a suit filed by the plaintiff (appellant) against multiple defendants (respondents) concerning property transactions and a...

High Court

Bombay High Court Allows Transfer of DV Proceedings to Family Court for Joint Trial with Divorce Petition Under Section 24 CPC. Husband's Application Granted to Avoid Multiplicity of Proceedings and Conflicting Decisions in Matrimonial Disputes.

9 Jul 2024

The Bombay High Court allowed an application under Section 24 of the Code of Civil Procedure, 1908, filed by the husband seeking transfer of DV procee...

High Court

WRIT PETITION NO. 4457 OF 2015

14 Aug 2015

The Petitioners, various unaided schools including minority schools, filed writ petitions before the High Court of Bombay challenging Government Resol...

High Court

High Court of Karnataka Allows Amendment and Recall Applications in Arbitration Dispute — Sets Aside Arbitral Tribunal Order Rejecting IAs Under Order VI Rule 17, Order XVIII Rule 17, and Section 151 CPC. Court Holds That Liberal Approach to Amendment and Recall Is Warranted to Avoid Multiplicity of Proceedings and to Ensure Complete Adjudication.

2 Sep 2022

The petitioner, Sri N.S. Nagaraj Reddy, represented by his GPA holder Sri N. Kiran Reddy, filed a writ petition under Articles 226 and 227 of the Cons...

High Court

Bombay High Court Dismisses Writ Petition Challenging Charity Commissioner's Order in Trust Dispute — Upholds Rejection of Application for Leave to Sue Under Section 51 of Maharashtra Public Trusts Act, 1950. The court held that the Charity Commissioner's discretion under Section 51 is quasi-judicial and not to be interfered with lightly, and that without prior leave, a suit against a public trust is not maintainable.

5 Apr 2023

The petitioners, Shri Bhagwan Pandurang Khedekar and Shri Purshotam Balkrushna Kondhare, filed a writ petition under Article 226 of the Constitution o...

High Court

Bombay High Court Directs DRT to Deliver Judgment Within Four Weeks in Recovery Appeal — Delay in Pronouncement After Hearing Concluded Held Unjustified. Presiding Officer of Debts Recovery Tribunal repeatedly adjourned pronouncement of judgment for over six months after hearing concluded, amounting to failure to exercise jurisdiction under Section 30 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

22 Nov 2011

The Petitioner, International Asset Reconstruction Company Pvt. Ltd., had filed an application for sale of immovable property mortgaged in its favour ...

High Court

Bombay High Court Allows Executor to Join Execution Proceedings Despite Pending Probate — Distinguishes Section 211 from Section 213 of Indian Succession Act, 1925. Executor's title vests from date of death under Section 211, and bar under Section 213 does not prevent representation of estate in execution before probate.

25 Sep 2013

The appeal arose from a judgment of a Learned Single Judge dated 21 June 2013, dismissing a Chamber Summons taken out by the Appellant for being broug...

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