Search Results for "Pleading and evidence"

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High Court of Karnataka Quashes Blanket Prohibitory Order Under Section 144 CrPC in Bengaluru, Holds It Violative of Articles 19(1)(a) and 19(1)(b); Order Cancelling Protest Permissions Against CAA Struck Down as District Magistrate Failed to Apply Mind and Provide Material Facts.

The High Court of Karnataka heard a batch of writ petitions challenging an order dated 18 December 2019 issued by the District Magistrate-cum-Commissi...

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Bombay High Court Allows Second Appeal in Partition Suit, Holding That Defendant No. 2 Failed to Establish Adverse Possession Over Suit Property. The Court Set Aside Concurrent Findings of Lower Courts and Remanded the Matter for Fresh Consideration on the Issue of Adverse Possession.

The case involves a second appeal arising from a partition suit filed by the plaintiff (Sitaram) against defendants no. 1 (Pandharinath) and no. 2 (Pa...

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Madras High Court Hears Second Appeal Against Concurrent Findings Dismissing Injunction Suit Based on Compromise Decree. Substantial Questions on Res Judicata and Minor Guardian Not Signing Compromise Raised.

The case involved a second appeal before the High Court of Madras arising out of a suit for permanent injunction filed by the plaintiffs-appellants ag...

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Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

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High Court of Karnataka Sets Aside Execution Orders in Arbitration Award Enforcement — Petitioner Granted Opportunity to File Objections. Court holds that execution court must consider objections under Section 47 CPC before ordering sale of judgment debtor's property.

The petitioner, Sri Ashish K. Philip, was the judgment debtor in execution proceedings arising out of an arbitration award in favor of the respondent,...

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Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...