Search Results for "exparte proceedings"

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High Court of Karnataka Allows Husband's Appeal in Divorce Case on Ground of Desertion — Sets Aside Trial Court's Dismissal of Petition. Marriage Dissolved Under Section 13(1)(ib) of Hindu Marriage Act, 1955 as Wife's Absence for Over 7 Years Constitutes Desertion.

The appellant, Bhimrao S/o Namdev Savnt, filed a petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of his marriage...

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Bombay High Court Dismisses Insurance Company's Revision Against MACT Award for Lack of Permission Under Section 170 of Motor Vehicles Act. Insurance Company Cannot Challenge Award on Merits Without Tribunal's Permission When Owner and Driver Are Exparte.

The Oriental Insurance Co. Ltd. filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgment an...

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High Court of Karnataka Dismisses Husband's Revision in Maintenance Case — Affidavit Evidence Permissible Under Section 125 CrPC. Husband's Challenge to Maintenance Order of Rs.5,000 Per Month Fails as Court Confirms Summary Nature of Proceedings.

The petitioner-husband filed a revision petition under Section 19(4) of the Family Courts Act, 1984, challenging the order dated 03.11.2017 passed by ...

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Bombay High Court Upholds Condonation of 959 Days Delay in Filing Appeal Against Ex-Parte Decree — Sufficient Cause Shown by Defendant's Non-Service. Order VI Rule 14A CPC Requires Registered Address; Absence Thereof Justifies Delay.

The case involves a civil revision application filed by the original plaintiffs challenging the order of the lower appellate court dated 07.11.2015, w...

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High Court of Karnataka Quashes MCI Order Striking Off Doctor's Name from Medical Register for One Year for Alleged Violation of Transplantation of Human Organs Act, 1994 — Failure to Report Organ Retrieval from Deceased Donor Not a Ground for Erasure of Name.

The petitioner, Dr. Ramcharan Thiagarajan, a renowned surgical gastroenterologist and multi-organ transplant surgeon, was working as a consultant at F...

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Bombay High Court at Goa Allows Writ Petition Challenging Execution Order in Eviction Suit — Mundkar Claim Rejected, Adverse Possession Not Proven. The executing court erred in dismissing execution on the ground of adverse possession when the decree was valid and the issue was already decided.

The petitioners, Miss Aura Serafina Crispina de Souza and Miss Agnes Felicia de Souza, are the original decree-holders who obtained an eviction decree...

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Bombay High Court Allows Workmen's Petitions Challenging Denial of Wages Under Section 17B of Industrial Disputes Act, 1947 — Closure of Establishment Not a Ground to Deny Wages During Pendency of Employer's Challenge to Reinstatement Award.

The present batch of writ petitions was filed by workmen challenging the order of the Industrial Court, Kolhapur, which while staying the execution of...

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Bombay High Court Dismisses Writ Petitions Challenging Concurrent Findings in Specific Performance Suit — Agreement to Sell Not Proved Due to Lack of Independent Witnesses and Discrepancies in Evidence.

The petitioner, Narmadabai Baburao Harde, filed two writ petitions under Article 227 of the Constitution of India challenging the concurrent judgments...