Search Results for "Summary Rejection"

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Gujarat High Court Allows Appeal in Property Dispute, Sets Aside Rejection of Plaint Under Order VII Rule 11 CPC. Court Holds That Questions of Fact Regarding Validity of Power of Attorney and Sale Deed Cannot Be Decided in Summary Rejection Without Trial.

The appellants, original plaintiffs, filed Regular Civil Suit No.385 of 2022 before the City Civil Court, Ahmedabad, seeking a declaration and permane...

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Bombay High Court Allows Second Appeal in Execution Objection Case — Third Party Objectors Entitled to Hearing Under Order 21 Rule 97 CPC. Court holds that objections by third parties claiming ownership of property in execution must be adjudicated on merits, not summarily rejected.

The case arises from execution proceedings in Regular Civil Suit No. 8 of 1995, where the trial court passed a decree on 27.08.1999 in favor of the pl...

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Bombay High Court Dismisses Second Appeal in Execution Objection Case — Upholds Summary Rejection of Objection Petition Under Order 21 Rule 97 CPC. Executing Court Not Required to Adjudicate Title When Objection is Frivolous and Collusive.

The appellant, Kamal W/o Vishwanath Jadhav, filed a second appeal challenging the judgment and decree dated 11.09.2025 passed by the first appellate C...

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Bombay High Court Allows Bail Application in POTA Case Due to Non-Application of Mind by Special Judge. The Special Judge must consider merits of bail application and cannot reject it summarily on ground of earlier rejection without examining change in circumstances.

The appellant, original accused no. 11, was facing trial in POTA Special Case No. 2 of 2003 before the Special Judge under POTA. He filed a bail appli...

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Supreme Court Allows Appeal in Motor Vehicles Act Case; Holds That Non-Furnishing of Information Does Not Lead to Summary Rejection of Permit Application. The Court Rules That Section 46 of the Motor Vehicles Act, 1939 Is Not Mandatory and Transport Authority Can Call for Additional Information.

The Supreme Court allowed an appeal by the Maharashtra State Road Transport Corporation, setting aside the judgment of the Bombay High Court and resto...

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Bombay High Court Dismisses Revision Against Rejection of Leave to Defend in Summary Suit for Recovery of Union Funds. Court holds that defendants failed to show a triable issue or bona fide defence under Order 37 CPC, as the suit was based on a settlement agreement and consent terms.

The present Civil Revision Application was filed by the applicants (original defendants) challenging the order dated 20th January 2015 passed by the l...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application Under Order VII Rule 11 CPC. Exclusion of Counterclaim for Want of Pecuniary Jurisdiction Does Not Bar Subsequent Suit for Specific Performance.

The applicant, Sainath Jadhav, filed Regular Civil Suit No.731 of 2007 for injunction against the respondent, Shankar Jadhav, regarding agricultural l...