Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court Held That Second Appeal Cannot Be Entertained on Reappreciation of Evidence When No Substantial Question of Law Arises.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment of the Principal District Judge, Ratnagiri, dismi...

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High Court of Karnataka Dismisses Appeal Against Dismissal of Suit for Declaration and Permanent Injunction. Plaintiffs Failed to Prove Title and Possession, Suit Barred by Limitation.

The dispute concerned agricultural land bearing R.S.No.21, Block No.36 situated in Teredkoppa village, originally part of the Talawar family holdings....

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High Court of Karnataka Quashes Ex-Parte Ad-Interim Order in Trademark Infringement Suit for Lack of Jurisdiction. Suit filed without cause of action within court's territorial limits held void ab initio under Section 20 of the Code of Civil Procedure, 1908.

The petitioner, M/s Fine Footwear Private Limited, was the first defendant in a civil suit (O.S. No.2598/2019) filed by the respondents (Skechers enti...

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Bombay High Court Dismisses Appeal by Bar Council and Advocates Against Order to Provide Free Legal Aid to Poor Litigants. Court Upholds Constitutional Duty of State and Bar to Ensure Access to Justice Under Article 39A of the Constitution of India.

The case arose from a Letters Patent Appeal filed by the Bar Council of Maharashtra and Goa, the Bombay Advocates Association, and two individual advo...

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Bombay High Court Discharges Court Receiver in Property Dispute, Directs Parties to Pursue Claims Before DRT. Court holds that once a suit is transferred to DRT, the Court Receiver's role ceases and parties must seek remedies before the Tribunal.

This judgment concerns an application filed by the Court Receiver seeking discharge without passing accounts, subject to payment of costs, charges and...

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Bombay High Court Dismisses PIL Challenging Definition of Loan Under Maharashtra Money-Lending Act. Classification Between Interest-Free Advances and Loans at Interest Held Not Arbitrary Under Article 14.

The petitioner, Fauzan Shaikh, filed a Public Interest Litigation before the Bombay High Court challenging the constitutional validity of clauses (j) ...

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Bombay High Court Dismisses Writ Petition Challenging Electricity Theft Assessment and Appellate Order — Petitioner Failed to Deposit 50% of Assessed Amount as Required Under Section 127 of the Indian Electricity Act, 2003.

The petitioner, Rakhee Gupta, owner of a flat in Mumbai, challenged an order dated 18/01/2016 passed by the Appellate Authority (Superintendent Engine...