Search Results for "notice under CPC"

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Search Results for "notice under CPC"

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High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Club Membership Dispute Under MPT Act. The court held that the Trial Judge must examine whether the reliefs sought fall under Section 50 of the Maharashtra Public Trusts Act, 1950, before rejecting the plaint for want of prior consent of the Charity Commissioner.

12 Jun 2017

The appellant, Rajesh Chunilal Meghani, filed a civil suit (Suit No. 3602 of 2015) in the City Civil Court at Bombay against The Andheri Recreation Cl...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in GIDC Act Suit — Statutory Notice Under Section 52A Not Required for Suit Filed After Cause of Action. The court held that Section 52A of the Goa Industrial Development Act, 1965 does not bar the institution of a suit but only restricts interim relief, and since notice was already served, the plaint cannot be rejected.

7 Sep 2023

The Goa Industrial Development Corporation (GIDC) filed a Civil Revision Application under Section 115 CPC challenging the trial court's order dated 2...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Discovery in Specific Performance Suit — Discovery Sought After Issues Settled and Evidence Led, Not Permitted Under CPC Order XI Rule 1A

20 Mar 2014

The appeal arises from a suit filed by NTPC Limited (respondent-plaintiff) in December 2005 seeking specific performance of a contract for supply of 1...

High Court

Bombay High Court Allows Writ Petition Challenging Return of Plaint for Non-Compliance of Section 80 CPC. Court holds that once notice under Section 80 CPC is waived, the suit cannot be returned for compliance of the same provision.

24 Nov 2025

The petitioners filed Regular Civil Suit No.335/2021 seeking permanent injunction against alienation of suit property. They also filed an application ...

High Court

High Court of Karnataka Hears Regular Second Appeals and Cross-Objection in Declaration and Injunction Suit. Multiple Heirs Dispute Partition of Suit Schedule Properties, Including Agricultural Land and House.

3 Jul 2025

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High Court

Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

13 Mar 2018

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...

Supreme Court

Supreme Court Refers Matter to Larger Bench on Automatic Vacation of Stay Orders Under Article 142 of the Constitution. The Court expressed reservations about directions in Asian Resurfacing that interim stay orders automatically lapse after six months, holding that such automatic vacation without judicial application of mind could cause miscarriage of justice.

29 Feb 2024

The Supreme Court, in a judgment authored by Justice Abhay S. Oka, addressed the correctness of directions issued in Asian Resurfacing of Road Agency ...

High Court

Bombay High Court Upholds Landlords' Eviction Decree in Rent Control Case — Review Maintainable for Error of Law Apparent on Record. Section 106 of Transfer of Property Act, 1882 not applicable to proceedings under Maharashtra Rent Control Act, 1999.

15 Sep 2015

The dispute in this writ petition arises from an eviction suit filed by the landlords (respondents) against the tenant (petitioner) under Section 16(1...

High Court

Madras High Court Allows Restoration of Suit Dismissed for Default Due to Advocate's Negligence — Plaintiff Not Penalized for Advocate's Lapse Under Order IX Rule 9 CPC. Conditional Order Set Aside Subject to Payment of Rs.1,000 Costs.

6 Jan 2026

The plaintiff filed a civil suit in 2011 seeking declaration, permanent injunction, and alternative relief of partition. On July 27, 2016, the suit wa...

High Court

High Court of Karnataka Delivers Judgment in MFA No. 4257 of 2026 Filed by Actor Darshan Challenging Dismissal of Injunction Against Release of Film 'BOSS' - Impact on Fair Trial and Personality Rights Considered. Appeal arises from trial court order dated 02.06.2026 dismissing application under Order 39 Rules 1 and 2 CPC in OS No. 2151/2026.

17 Jul 2026

Background: The appeal arose from a suit filed by film actor Darshan Srinivas and his wife against Siri Productions and others, seeking a permanent in...

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