Search Results for "Multiplicity of Proceedings"

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Bombay High Court Allows Wife's Petition Challenging Maintainability of Second Divorce Petition Filed by Husband During Pendency of Earlier Proceedings. Family Court's Order Rejecting Objection to Maintainability Set Aside on Grounds of Res Judicata and Abuse of Process.

The petitioner, Shraddha Hitesh Raikar, wife of the respondent Hitesh Dattaram Raikar, filed a writ petition challenging the order dated 06.11.2023 pa...

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High Court of Karnataka Allows Amendment in Suit for Specific Performance to Include Alternative Relief of Refund of Advance Amount. Amendment Sought Under Order VI Rule 17 CPC and Section 22 of Specific Relief Act, 1963 Held Permissible as It Does Not Change Nature of Suit.

The petitioner, M/s. Samrudhi Groups, a registered partnership firm, filed a suit for specific performance of contract (O.S.No.281/2017) against the r...

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Supreme Court Allows Transfer of Writ Petitions Challenging ICAI Guidelines on Tax Audit Assignments to Avoid Multiplicity of Proceedings. The Court Held That the Issue Involves a Question of Law of General Public Importance Under Article 139-A(1) of the Constitution.

The Institute of Chartered Accountants of India (ICAI) filed transfer petitions under Article 139-A(1) of the Constitution read with Order XL Rule 1 o...

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Supreme Court Dismisses Appeal for Release of Compensation Pending Conviction Appeals in Custodial Torture Case. Compensation awarded under Section 357(3) Cr.P.C. cannot be released during pendency of appeals against conviction and sentence.

The appellant, Dalbir Singh, is the father of a 20-year-old son who died due to custodial torture in a police lock-up in 2006. The Trial Court convict...

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Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

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Supreme Court Allows Clubbing of Multiple FIRs in Real Estate Project Dispute to Prevent Multiplicity of Proceedings. Court directs transfer of all FIRs to EOW Delhi for consolidated investigation under Sections 406, 420, 120B IPC.

The petitioners, former directors of M/s Krrish Realtech Pvt. Ltd., filed a writ petition under Article 32 of the Constitution seeking clubbing or tra...