Search Results for "Section 2(11) CPC"

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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High Court of Karnataka Enhances Compensation for Death in Motor Vehicle Accident, Upholds Negligence Finding Against Insurer. The court applied multiplier of 18 and 40% future prospects, reducing interest from 12% to 6%.

The case arises from a motor vehicle accident that occurred on 20.03.2016, when a jeep bearing registration No.KA-33/M-5656, driven by its owner Mahad...

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Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

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High Court of Karnataka Allows Land Acquisition Reference Petitions, Holding That Dismissal for Non-Prosecution Without Considering Merits Is Not Permissible Under Section 18(1) of the Land Acquisition Act, 1894. The Civil Court Has Inherent Power to Restore Such References Under Section 151 CPC.

The judgment concerns multiple civil revision petitions filed by landowners (petitioners) against orders of the Senior Civil Judge at Koppal dismissin...

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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Suit Challenging Transfer of Flat by Executors Before Probate. The court set aside the trial court's order appointing a Receiver and remanded the matter for fresh consideration of balance of convenience.

The appeals arose from an order dated 13 March 2014 of the learned Trial Judge in a notice of motion taken out by the plaintiffs in a suit seeking to ...