Search Results for "Article 227 CPC"

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Specific Performance — Petitioners Failed to Prove Readiness and Willingness to Perform Contract.

The petitioners, original defendants, challenged the concurrent judgments of the trial court and appellate court decreeing the suit for specific perfo...

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High Court of Karnataka Sets Aside Order Referring Dispute to Arbitration in Commercial Suit — Arbitration Agreement Not Duly Signed by Plaintiff. Section 8 of Arbitration and Conciliation Act, 1996 requires existence of valid arbitration agreement; mere reference in invoices insufficient.

The petitioner, M/s. Tusker Workspace Pvt. Ltd., filed a commercial suit (Com. O.S. No.207/2024) before the LXXXVI Additional City Civil and Sessions ...

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Supreme Court Dismisses Appeal: Delayed Application for Recalling Ex-Parte Order Rejected. "No Justifiable Explanation for 14-Year Delay in Filing Application"

The Supreme Court dismissed an appeal challenging an order by the Allahabad High Court. The case revolved around the appellant's failure to file a tim...

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Bombay High Court Allows Writ Petition to Quash Compromise Decree in Suit for Declaration of Ownership and Injunction — Held That Compromise Decree Was Not Validly Passed as It Was Based on a Consent Term That Was Contrary to Law and Without Jurisdiction.

The case involves a dispute over property ownership. The original petitioner, Narhar Rango Kulkarni (since deceased, represented by legal heirs), file...

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Bombay High Court Dismisses Petition Challenging Auction Sale Orders in Arbitration Execution Proceedings — No Jurisdictional Error Found in Orders for Proclamation of Sale and Approval of Draft Proclamation Under Order 21 Rule 66 CPC.

The petitioners, Mahesh Rambhau Patil and others, filed a writ petition under Article 227 of the Constitution of India challenging two orders passed b...

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Bombay High Court Dismisses Appeal Against Rejection of Amendment and Adjournment in Civil Suit — No Interference with Discretionary Orders Under Order VI Rule 17 and Order XVII Rule 1 CPC.

The appellants, original defendants in a civil suit, filed an appeal challenging two orders passed by the Civil Judge Senior Division, Gangakhed: (1) ...

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Supreme Court Allows Appeals of Housing Board Against High Court Order Directing Arbitration Tribunal to Entertain Fresh Claim Despite Prior Arbitral Award. Principle of Issue Estoppel and Finality of Award Under Arbitration Act, 1996 Applied.

The case involves three civil appeals by the Madhya Pradesh Housing and Infrastructure Development Board against a common judgment of the Madhya Prade...