Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Allows Appeal Against Rejection of Plaint in Company Fraud Case. Civil Court Jurisdiction Not Barred Under Section 10GB of Companies Act, 1956 for Fraud Allegations.

The appellants, M/s. Candolim Developers Pvt. Ltd. and its director Sunil Thukral, filed a suit before the Civil Judge Senior Division, Panaji, seekin...

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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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Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

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Bombay High Court Dismisses Petition Challenging Permission to File Written Statement Beyond Limitation in Specific Performance Suit. Order VIII Rule 1 CPC Held Directory; Legal Representatives of Deceased Defendant Allowed to File Written Statement as No Prejudice Caused to Plaintiff.

The petitioner, Subhash Dhanraj Sankla, filed a suit for specific performance of an agreement to sell a property owned by Rhoda Phiroze Noble. The ori...

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Bombay High Court Dismisses Revision in Land Acquisition Map Dispute — Civil Court Jurisdiction Upheld. The court held that a suit challenging a land acquisition map is not barred by Section 4 of the Land Acquisition Act, 1894, as the map is not an award.

The petitioner, original defendant No.7, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the or...

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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 ...

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Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Order. Court upholds validity of suo-motu sanction under Section 45(2) of UAPA and cognizance order under Section 120B IPC read with UAPA and CLA Act.

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...