Search Results for "Order XXXVI CPC"

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Madras High Court Dismisses Appeals Against Rejection of Plaint for Non-Payment of Court Fee in Commercial Suits. Court Holds That Order VII Rule 11 CPC Applies and Failure to Pay Court Fee Within Time Leads to Rejection.

The case involves a batch of original side appeals filed against the common order of a learned Single Judge of the Madras High Court rejecting the pla...

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Bombay High Court Allows Writ Petition Against Trial Court's Order to Delete Plaint Prayers in Suit for Declaration and Cancellation of Sale Deed. Court Held That Trial Court Cannot Direct Deletion of Prayers Without First Deciding Valuation and Court Fee Issues Under Order VII Rule 11 CPC.

The petitioners, as power of attorney holders of Smt. Manisha Nimbalkar, filed Special Suit No. 325 of 2013 before the Civil Judge, Senior Division, N...

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Madras High Court Upholds Single Judge's Rejection of Stay Applications in Civil Suits, Holding Section 151 CPC Cannot Override Specific Provisions. Stay of 2013 and 2016 Specific Performance Suits Was Denied as Section 10 CPC Requires Prior Suit and to Prevent Abuse of Process.

The appeals arose from the rejection of applications filed under Section 151 of the Code of Civil Procedure, 1908, seeking stay of two civil suits (C....

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Madras High Court Dismisses Appeals Against Conditional Stay of Arrest Order in Execution Proceedings. Condition Requiring Deposit of 25% of Arbitral Award Amount Upheld as Not a Finding on Means; Execution Court to Determine Means (Paras 20-25).

The dispute arose from an arbitration award dated October 23, 2019, under which the appellant, a tenant, was directed to pay approximately Rs. 1.80 cr...

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Bombay High Court Dismisses Petition Seeking Refund of Court Fees in Suit Settled Through Mediation Under Section 89 CPC. Court Holds That Section 16 of the Court Fees Act, 1870 Does Not Mandate Refund Upon Settlement Through Alternative Dispute Resolution.

The petitioner, Sanjeevkumar Harakchand Kankariya, entered into an agreement to sell immovable property with respondents No.3 and 4. When the agreemen...

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High Court of Karnataka Allows Writ Petitions Against Delegation of Stamp Duty Calculation by Civil Judge. Delegation of duty under Section 33 of Karnataka Stamp Act, 1957 by a Judge other than High Court Judge is invalid.

The case involves a challenge by the defendant (petitioner) against an interlocutory order dated 02.08.2016 passed by the Court of the Additional City...

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Bombay High Court Dismisses Petition Challenging Rejection of Summary Judgment in Commercial Suit for Recovery of Loan. Money-Lending Without License Under Maharashtra Money-Lending (Regulation) Act, 2014 Raises Triable Issue.

The petitioners, M/s. Ashok Commercial Enterprises and Ramesh Uttamchand Ramchandani, filed a commercial suit for recovery of Rs.50,00,000/- with inte...