Search Results for "Article 227 CPC"

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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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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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Bombay High Court Dismisses Petition Against Civil Suit for Medical Negligence Despite Prior Consumer Forum Dismissal. Principle of Res Judicata Not Applicable to Consumer Forum Decisions Under Section 9 of Consumer Protection Act, 1986.

The case involves a dispute over medical negligence leading to the death of a baby boy. The respondents (parents) initially filed a complaint before t...

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Bombay High Court Dismisses Petition Challenging Condonation of Delay in Filing Written Statement — Delay of 9 years and 79 days condoned subject to costs of Rs.15,000/- as sufficient cause shown and no prejudice caused to plaintiff.

The petitioner-plaintiff filed a suit for recovery of Rs.21,00,000/- paid as part consideration for purchase of a flat. The suit was dismissed in defa...

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Bombay High Court Dismisses Writ Petition Challenging Impleadment of Proposed Defendants in Suit Under MOFA. Court holds that impleadment of persons claiming title to the property is necessary for effective adjudication of the suit under Section 11 of the Maharashtra Ownership of Flats Act, 1963.

The case involves a writ petition filed by Mahendra Jayantilal Vora and two others (petitioners) challenging an order of the trial court allowing thei...

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Bombay High Court Allows Shareholder's Impleadment in Suit for Declaration Regarding Sale of Company Property — Petitioner Has Direct Interest in Subject Matter of Suit

The petitioner, Pradeep Mandhana, a shareholder of Golden Tobacco Ltd., filed a Chamber Summons seeking impleadment in S.C. Suit No.817 of 2011 filed ...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Partition Suit — Court Upholds Trial Court's Discretion Under Order 39 Rules 1 and 2 CPC, Finding No Prima Facie Case for Injunction Against Alienation of Property by Co-owners.

The petitioner, Rekha Bhujang, filed a suit for partition and separate possession of suit properties described in Schedules A and B of the plaint. The...