Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Dismisses Writ Petition Challenging Unconditional Stay of Arbitral Award Due to Stamp Duty Deficiency. Arbitration Agreement in Unstamped Member Client Agreement Held Void Ab Initio Under Maharashtra Stamp Act, 1958.

The petitioner, M/s. Anand Rathi Share & Stock Brokers Ltd., challenged an order passed by the District Judge-1, Amravati, which granted unconditional...

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Bombay High Court Allows Second Appeal in Adoption Dispute — Registered Adoption Deed Valid Under Section 16 of Hindu Adoption and Maintenance Act, 1956. Plaintiff failed to rebut presumption of valid adoption, suit for possession dismissed.

The appellant, Balu Natha Repe, was the original defendant in a suit filed by the original plaintiff, Smt. Kamalaben Natha Repe (since deceased, repre...

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Madras High Court Allows Second Appeal in Specific Performance Suit — Upholds Trial Court's Decree for Specific Performance and Injunction. Sale Agreement with Full Payment and Possession Confers Equitable Right Under Section 53-A of Transfer of Property Act, 1882.

The plaintiff, Sarojini, filed a suit for specific performance of a sale agreement dated June 25, 2003, and for permanent injunction against the defen...

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Bombay High Court Dismisses Appeal Against Decree for Want of Written Statement in Specific Performance Suit. Failure to File Written Statement Despite Repeated Opportunities Justifies Decree Under Order 8 Rule 5(2) and Rule 10 CPC.

The case arises from a suit filed by the respondent (original plaintiff) against the appellants (original defendants) seeking specific performance of ...

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Supreme Court Allows Appeal in Section 80 CPC Notice Validity Dispute, Reversing High Court's Finding of Invalidity. Proprietor Who Sent Notice Under Trade Name and Filed Suit Personally Held Compliant as Notice Read as Whole Revealed Proprietor's Identity and Object of Section Fulfilled.

The appeal arose from a suit for compensation for lost goods filed by a sole proprietor against the railways. The appellant, carrying on business unde...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the District Judge, Satara, which c...

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High Court of Karnataka Dismisses Execution Second Appeal as Not Maintainable Against Order Under Order 21 Rule 11 CPC. Order Allowing Execution Petition Under Order 21 Rule 11 CPC Does Not Amount to a Decree and Hence No Second Appeal Lies.

The case pertains to an Execution Second Appeal filed by B. Kashinath Choudhary against an order dated 11.03.2013 passed by the Principal Civil Judge ...