Search Results for "summons trial procedure"

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Search Results for "summons trial procedure"

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High Court

Bombay High Court Holds Summary Judgment Under UK Civil Procedure Rules Is a Judgment on Merits Executable in India Under Section 13 CPC. Foreign decree passed under Part 24 of UK CPR is considered a judgment on merits and is conclusive under Section 13 CPC, thus executable under Section 44A CPC.

17 Feb 2005

The present chamber summons was taken out by the judgment debtor (defendant no.3) seeking adjournment to raise attachment of a flat and dismissal of t...

High Court

Bombay High Court Sets Aside Exparte Decree in Specific Performance Suit Due to Non-Compliance with Order V Rule 20 CPC for Substituted Service. The court held that the trial court must record satisfaction that ordinary service is not possible before ordering substituted service, and failure to do so renders the exparte decree a nullity.

7 Jul 2015

The appellant/defendant, Janglu son of late Damdu Durge, appealed against the judgment and decree dated 13th June 2014 passed by the trial court in Sp...

High Court

High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Recovery Suit — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

29 Nov 2024

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

High Court

Bombay High Court Allows Expungement of Irrelevant Portions from Affidavit of Examination-in-Chief in Testamentary Suit — Irrelevant and Prejudicial Statements Struck Out to Ensure Fair Trial. The court held that portions of an affidavit that are not relevant to the issues in the suit and are likely to prejudice the trial must be expunged under the Indian Evidence Act, 1872.

10 Jun 2014

The applicant, Mrs. Mahabanoo Navroz Kotwal, filed a testamentary petition for probate of the alleged last Will and Testament of Nergish Keki Cassad, ...

Supreme Court

Supreme Court Sets Aside High Court Order Restoring Suit and Upholds Auction Sale in Civil Appeal. High Court Erred in Granting Relief to Defendant Despite Evidence of Service and Completion of Auction Proceedings Under Order IX Rule 13 of Code of Civil Procedure, 1908.

29 Sep 2021

The dispute originated from a suit for recovery of money filed by respondent no. 2 against respondent no. 1 regarding part sale consideration for prop...

High Court

Bombay High Court Hears Preliminary Issue on Jurisdiction Over Originating Summons in Lease Dispute Where Defendant Has Filed Separate Eviction Suit. The Court Examines Whether the Filing of a Suit Under Section 41 of the Presidency Small Cause Courts Act, 1882, After the Originating Summons Ousts the High Court's Jurisdiction.

29 Apr 2014

This case involved a dispute between Century Textiles and Industries Ltd. (plaintiff) and Nusli Neville Wadia (defendant) arising out of a 999-year le...

High Court

Bombay High Court Dismisses Summons for Judgment in Licence Fee Dispute — Triable Issues Raised. The Court held that the Plaintiff's claim for balance licence fee after demolition of antenna by Municipal Corporation raised triable issues regarding breach of contract and entitlement, warranting unconditional leave to defend under Order 37 CPC.

22 Jul 2011

The Plaintiff, Nemichand Jain, filed a Summary Suit against the Defendants, M/s. Vodafone Essar Limited and Sandeep Thakur, based on a licence agreeme...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Over Ex Parte Decree and Demolition Order, Remands for Fresh Adjudication. The court held that a defendant appealing under Section 96 of the Code of Civil Procedure, 1908, without filing an application under Order IX Rule 13, can challenge the ex parte decree on grounds of improper service of summons or illegality of ex parte proceedings based on the suit record, as per Section 105.

6 Sep 2022

The dispute arose from a civil suit filed by the first respondent-plaintiff in the City Civil Court at Bangalore, seeking a declaration of ownership o...

High Court

Bombay High Court Dismisses Chamber Summons for Rejection of Plaint in Testamentary Suit — No Cause of Action for Revocation of Probate. Allegations of non-disclosure of assets and suppression of facts do not constitute fraud under Section 263 of the Indian Succession Act, 1925, and the plaint cannot be rejected under Order VII Rule 11 CPC.

3 Jul 2017

The case involves a Chamber Summons filed by the original defendants (Howard Miranda, Roy Miranda, Arlene Miranda, and Ginnette Fernandes) in a Testam...

High Court

Bombay High Court Allows Amendment of Plaint in Specific Performance Suit Despite Commencement of Trial — Amendment Sought to Add Legal Submissions and Subsequent Event Under Order VI Rule 17 CPC. Court Holds That Amendments Based on Existing Facts and Subsequent Events Are Permissible Even After Trial Has Commenced, Subject to Due Diligence.

5 Mar 2012

The plaintiffs filed a Chamber Summons seeking amendment of the plaint in a suit for specific performance of an agreement, declaration that terminatio...

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