Search Results for "notice under CPC"

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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.

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

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Bombay High Court Dismisses Workman's Petition Challenging Interlocutory Order in Domestic Enquiry — Holds That Item 1 of Schedule IV of MRTU & PULP Act Cannot Be Invoked Against Every Interlocutory Order Passed by Enquiry Officer

The petitioner, Vinod Pattar, a workman employed by M/s. EIH Ltd. (the Oberoi Hotel), challenged an interlocutory order dated 21/12/2021 passed by the...

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Bombay High Court Dismisses Suit for Declaration of Trust and Accounts Against Bank in Palm Oil Import Dispute. Consent Decree in Prior Suit Bars Plaintiff from Claiming Sale Proceeds as Trust Property.

The plaintiffs, Bajranglal Anilkumar Jaju and Hitesh Anilkumar Jaju, filed Suit No. 824 of 1980 against The Vyasya Bank Ltd. seeking a declaration tha...

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High Court of Bombay at Goa Dismisses Appeal Against SARFAESI Proceedings — Tenant's Claim Not Established. The court held that the appellant failed to prove tenancy and that the remedy under Section 17 of the Securitisation Act is available to any person aggrieved, including tenants.

The appellant, Modinasab Indikar, filed a first appeal before the High Court of Bombay at Goa against the order of the District Magistrate, Salcete, d...

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High Court of Karnataka Hears Appeals Filed by Legal Heirs of Defendant Against Decree in Partition Suit. Appeals Arise from Common Judgment Partly Decreeing Suit for Partition and Separate Possession of Ancestral Properties.

The appeals arose from a common judgment and decree passed in O.S.No.2640/1988 and O.S.No.5075/2000 by the I Additional City Civil & Sessions Judge, B...

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High Court Dismisses Application for Rejection of Plaint in Suit for Recovery of Possession by Public Trust. No Prior Consent of Charity Commissioner Required under Sections 50/51 of Bombay Public Trusts Act, 1950 for Suit Against Trespassers; Civil Court Not Barred under Section 80.

The dispute arose from an interim application filed by Defendant No.1 in a civil suit instituted by Shri Hari Ashram, a public charitable trust regist...