Search Results for "notice under CPC"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "notice under CPC"

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High Court

Bombay High Court Dismisses Revision Application in Easementary Right of Way Dispute Involving Waqf Property. Civil Court Retains Jurisdiction Over Declaration of Easementary Rights as Dispute Does Not Relate to Waqf Property or Rights Therein.

25 Oct 2024

The case involves a Civil Revision Application filed by the Kausa Jama Masjid Trust (Defendant-Trust) challenging an order of the Trial Court rejectin...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Case — Order II Rule 2 CPC Bar Applicable for Successive Alienations. Two separate sale deeds by same vendor to same vendee on different dates constitute distinct causes of action, but suit for second alienation is barred if not included in earlier suit when cause of action was same.

10 May 2019

The Supreme Court considered an appeal against the High Court's judgment that set aside the concurrent findings of the trial court and first appellate...

High Court

High Court of Karnataka Allows Correction of Clerical Errors in Decree Under Sections 152 and 153 CPC — Petition to Quash Rejection of Application for Amendment in Final Decree Proceedings Allowed. The court held that the trial court has inherent power to correct clerical mistakes at any time and set aside the rejection order.

5 Jul 2019

The petitioners, who were plaintiffs in O.S.No.129/1994, filed an application under Sections 152 and 153 of the Code of Civil Procedure, 1908 (CPC) in...

High Court

High Court of Karnataka Dismisses Anticipatory Bail Petition in Income Tax Recovery Proceedings. Notice under Rule 73 of Second Schedule of Income Tax Act, 1961 for civil imprisonment does not attract Section 438 Cr.P.C.

26 Jun 2018

The petitioner, Shri M A Zahid, filed a criminal petition under Section 438 Cr.P.C. seeking anticipatory bail in the event of his arrest in connection...

High Court

High Court Dismisses Judgment-Debtors' Revision and Upholds Dismissal of Execution Petition as Time-Barred Under Article 136, Limitation Act, 1963. Limitation for Execution Commences from Date of Decree Despite Pendency of Appeals Without Stay, and Doctrine of Merger Does Not Postpone Enforceability for Purposes of Limitation.

13 Jul 2006

The litigation arose from a transaction in which the petitioners (original defendants) had borrowed money from the father of the respondent, allegedly...

High Court

Bombay High Court Allows Employer's Writ Petitions Challenging Labour Court Awards of Reinstatement Without Back Wages. Held that daily wage employees who worked for less than 240 days in a year are not entitled to reinstatement under Section 25-F of the Industrial Disputes Act, 1947.

23 Dec 2022

The judgment involves a batch of writ petitions filed by the employer, Dainik Bhaskar Group (D. B. Corp Ltd), challenging the awards of the Labour Cou...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit. Plaint Discloses Cause of Action and Suit Not Barred by Limitation Under Article 54 of Limitation Act, 1963.

31 Jan 2026

The case involves an interim application filed by the defendants in a commercial suit for specific performance. The plaintiff, Rajdhani Textiles Pvt. ...

High Court

Bombay High Court Sets Aside Ex Parte Decree in Summary Suit Due to Lack of Proper Service of Summons. Delay of 164 Days Condoned as Defendant Demonstrated Good Cause for Non-Appearance Under Order XXXVII of CPC, 1908.

15 Jul 2013

The plaintiff, Fountainhead Promotions & Events Pvt Ltd, filed a Summary Suit No. 874 of 2010 against the defendant, Gitanjali Lifestyle Limited, clai...

High Court

High Court of Karnataka Allows Writ Petition Under Article 227 Against Rejection of Application Under Section 151 CPC for Appointment of Commissioner in Suit for Specific Performance. Inherent Powers Under Section 151 CPC Can Be Invoked for Appointment of Commissioner to Ascertain Physical Features of Property, Even if Not Covered Under Order 26 Rule 9 CPC.

1 Jul 2022

The petitioners, who are defendants in a suit for specific performance of contract (O.S. No. 445/2011) pending before the Principal Senior Civil Judge...

High Court

Bombay High Court Allows Appeal in Arbitration Reference Case — Leave to Defend Application Not a First Statement on Substance of Dispute. Filing of application for leave to defend under Order 37 CPC does not constitute submission of first statement on substance of dispute, and application under Section 8 of Arbitration and Conciliation Act, 1996 filed before written statement is within time.

9 Apr 2018

The appellant, Haier Telecom (India) Pvt. Ltd., was the defendant in a summary suit filed by the respondent, Drive India Enterprise Solutions Ltd., fo...

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