Search Results for "Order XXXIX CPC"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "Order XXXIX CPC"

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High Court

Bombay High Court at Goa Allows Appeal Against Injunction in Property Dispute — Agreement for Sale Not Considered by Trial Court. The court held that the Trial Court failed to apply the principles of prima facie case, irreparable injury, and balance of convenience, and ignored the Agreement dated 7.12.1990 and the delay in filing the suit.

22 Sep 2016

The case involves an appeal from order filed by the original defendants (appellants) challenging an injunction granted by the Senior Civil Judge, Mapu...

High Court

Bombay High Court Dismisses Revision Petition in Property Dispute — Appointment of Court Commissioner for Measurement Upheld. The court held that appointment of a commissioner under Order 26 Rule 9 CPC is permissible to elucidate any matter in dispute, including measurement, and the revisional court should not interfere with such discretionary orders.

27 Sep 2016

The petitioner, original defendant No.1 in Special Civil Suit No.21 of 2011, challenged the order dated 2nd December 2011 passed by the learned Civil ...

High Court

High Court of Karnataka Quashes Civil Suit Against Wind Power Project for Lack of Jurisdiction — Suit Barred Under Section 9 CPC Due to Special Tribunal's Exclusive Jurisdiction Under Electricity Act, 2003.

16 Jul 2024

The petitioner, M/s. Serentica Renewables India Private Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India challen...

High Court

High Court of Karnataka Allows Appeal in Commercial Suit for Attachment Before Judgment — Order XXXVIII Rule 5 CPC Requires Strong Prima Facie Case and Risk of Dissipation of Assets. Plaintiff's Application for Attachment Before Judgment Was Wrongly Rejected by Trial Court Despite Evidence of Debt and Asset Disposal.

19 Aug 2024

The appellant/plaintiff, M/s SGK Agencies Private Limited, filed a commercial suit (Com.OS No.237/2023) against the respondents/defendants, M/s Bremel...

Supreme Court

Supreme Court Allows Appellant in Civil Appeal Against High Court's Interference Under Article 227 Constitution of India - High Court's order setting aside trial court's decision to set aside ex parte decree was quashed as unjustified interference in discretionary order under Order IX Rule 13 CPC.

11 Jan 2022

The dispute arose from a civil suit for recovery of money filed by the respondent against the appellant. The appellant contested the suit, but during ...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Case, Restoring Interim Order for Sale of Mortgaged Property. The Court held that the interim order directing steps for sale without final orders was warranted to protect the secured creditor's rights under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as the respondent had defaulted on credit facilities.

18 Apr 2023

The appeal arose from a dispute between Punjab & Sind Bank (appellant) and M/s Frontline Corporation Ltd. (respondent) concerning the sale of mortgage...

High Court

Bombay High Court Dismisses Appeal Against Return of Plaint in Municipal Tax Dispute — Civil Court Lacks Jurisdiction Over Tax Exemption Claim. Order VII Rule 10 CPC Allows Return of Plaint for Presentation Before Proper Forum When Court Lacks Jurisdiction.

23 Sep 2015

The appellant, Akola Gujrati Samaj, a public trust registered under the Bombay Public Trust Act and a society under the Societies Registration Act, 18...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Insurer Not Liable as Deceased Was a Gratuitous Passenger in a Goods Vehicle. The court held that the insurer is not liable to pay compensation for the death of a gratuitous passenger traveling in a goods vehicle, as the policy does not cover such risk under Section 147 of the Motor Vehicles Act, 1988.

8 Sep 2020

The case arises from a motor accident claim where the deceased, Parvati, was traveling as a pillion rider on a motorcycle when she fell off and died. ...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Insurer Liable Despite Owner's Failure to Produce Driving License. Burden of Proof on Insurer to Show License Invalidity Under Section 149 of Motor Vehicles Act, 1988.

8 Sep 2020

The case arises from a motor accident claim filed by the legal representatives of the deceased, Parvati, who died in a road accident on 04.08.2012. Th...

Supreme Court

Supreme Court Quashes High Court's Interim Injunction Order Affecting Third Parties' Property Rights Without Hearing. Interim Injunction Cannot Be Granted Against Persons Claiming Rights in Suit Properties Without Impleading Them as Parties and Providing Opportunity of Hearing Under Order XXXIX Rules 1 and 2, Code of Civil Procedure, 1908.

17 Nov 2021

The Supreme Court addressed appeals by third parties aggrieved by an interim injunction order passed by the High Court of Karnataka in a partition sui...

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