Search Results for "Order 15A CPC"

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Bombay High Court Allows Co-operative Society's Writ Petitions Against Unauthorized Construction by Members. Dispute Between Society and Member Regarding Unauthorized Construction and Possession is Barred from Civil Court Under Section 91 of Maharashtra Co-operative Societies Act, 1960.

The petitioner, The Manglorian Garden Homes Co-operative Housing Society Limited, filed three writ petitions challenging the orders of the Civil Judge...

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Bombay High Court Dismisses Landlord's Eviction Suit in Bona Fide Requirement Dispute. Appellate Court's Reversal Upheld as Landlord Failed to Prove Reasonable and Bona Fide Need for Suit Premises Under Section 13(1)(g) of Maharashtra Rent Control Act, 1999.

The petitioner, Shiv Kumar I. Agarwal, through his constituted authority, filed a writ petition under Articles 226 and 227 of the Constitution of Indi...

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High Court of Karnataka Allows Defendant to File Properly Verified Written Statement in Commercial Suit — Order VI Rule 15-A CPC Compliance Essential for Leading Evidence. Defect in Verification is Curable; Defendant Permitted to Cure Defect Subject to Costs of Rs. 5,000.

The petitioner, Mr. N. Babu Reddy, was the defendant in Commercial O.S. No. 104/2022 before the XI Additional District Judge (Dedicated Commercial Cou...

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Bombay High Court Dismisses Suit as Barred by Res Judicata and Limitation in Will Execution Dispute. Prior US Surrogate Court decree and delay in filing render suit not maintainable under Section 11 CPC and Limitation Act, 1963.

The suit was filed by Jaswinder Paul Batra, Brinder Batra, and Sunaina Batra (plaintiffs) against Neeru Batra, Baljit Singh, ING Vysya Bank Ltd., and ...

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Bombay High Court Dismisses Tenant's Petition, Upholds Eviction Decree Under Section 15(3) of Maharashtra Rent Control Act, 1999. Tenant's Admission of Higher Rent and Failure to Deposit Arrears Justified Eviction.

The petitioner, a tenant, challenged the eviction decree passed under Section 15(3) of the Maharashtra Rent Control Act, 1999, as upheld by the first ...

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Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

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Bombay High Court Dismisses Petition Challenging Amendment in Specific Performance Suit. Amendment to incorporate subsequent events and additional reliefs was held permissible under Order VI Rule 17 CPC as it did not change the nature of the suit.

The petitioner, original defendant No.5 in a suit for specific performance of agreements dated 19/4/1992 and 20/11/1992 concerning lands bearing Surve...

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Bombay High Court Dismisses Revision Against Order Refusing to Strike Out Defence in Suit for Possession and Mesne Profits — Held That Denial of Title by Tenant Without Supporting Evidence Does Not Attract Striking Out of Defence Under Order 15A CPC.

The case arises from a civil revision application filed by the defendants (M/s. Keshavdas Hassanand and others) against an order of the Trial Court re...