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High Court

High Court of Karnataka Hears Regular First Appeals Against Decree for Specific Performance — Trial Court Decree Granting Specific Performance and Cancellation of Sale Deed Under Challenge. The Court Reserved Judgment; Outcome Not Stated in This Excerpt.

22 Jan 2024

These two regular first appeals arose from the judgment and decree dated 30.06.2015 in O.S.No.594/2005 passed by the XI Addl. City Civil Judge, Bengal...

High Court

Bombay High Court Allows Reopening of Evidence in Eviction Suit Due to Advocate's Absence and Denial of Opportunity to Defendant No.3. Court sets aside trial court order rejecting application to file examination-in-chief and cross-examine defendant no.3, holding that principles of natural justice were violated.

30 Jan 2018

The petitioners, defendants in an eviction suit before the Small Causes Court, Mumbai, challenged an order dated 24 August 2015 rejecting their applic...

High Court

Bombay High Court Allows Summons for Judgment in Container Lease Dispute — Defendant Fails to Raise Triable Issues. Plaintiff entitled to decree for unpaid replacement value of lost containers under Equipment Agreement dated 30th December 2002.

23 Aug 2012

The Plaintiff, Florens Containers Inc., filed a summary suit against the Defendant, M/s. Ornate Multimodal Carriers Pvt. Ltd., for recovery of US$ 58,...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex Parte Decree in Money Suit — Service of Summons Valid Under Order 9 Rule 13 CPC. The court held that the defendant had knowledge of the suit and failed to show sufficient cause for non-appearance, upholding the ex parte decree.

14 Nov 2017

The appellant, M/s. CliniRX Research Pvt. Ltd., was the original defendant in a money suit filed by the respondent, Bicare Limited, for recovery of mo...

High Court

Division Bench of Bombay High Court Hears Appeals from Single Judge Order Refusing to Set Aside Ex-Parte Decree in Summary Suit. Ex-Parte Decree Passed in Diamond Supply Suit Under Order XXXVII CPC After Defendants Failed to Comply with Conditional Deposit Order.

27 Feb 2017

The dispute arose from a summary suit filed by Sailam BVBA, a Belgian partnership firm, against Helios Jewellery Pvt Ltd (Defendant No.1) and its four...

High Court

High Court of Karnataka Upholds Conditional Leave to Defend in Summary Suit Under Order 37 CPC — Deposit of 50% of Suit Claim with Interest Upheld as Reasonable Condition. Court holds that while granting leave to defend, the trial court must balance the interests of both parties and can impose conditions to secure the plaintiff's claim, but such conditions must not be arbitrary or excessive.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

High Court of Karnataka Hears Second Appeal in Suit for Declaration and Injunction Involving Allegation of Fraudulent Sale by Forged Power of Attorney. The Appeal Challenges Reversal of Trial Court's Decree by First Appellate Court.

19 Dec 2024

Background: This matter arises from a Regular Second Appeal filed by the plaintiff under Section 100 of the Code of Civil Procedure, 1908, challenging...

High Court

High Court of Karnataka, Gulbarga Bench, hears appeal against part decree in O.S. No. 125/2004 granting specific performance of oral agreement for sale.

19 Dec 2014

The dispute arises from a suit for specific performance of an alleged oral agreement for sale of industrial property. The plaintiff (respondent No. 1)...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Loan Recovery Suit Based on Written Contracts and TDS Certificate. Loan advanced under written agreements and TDS certificate issued by defendant establishes debt; defendant's defence of no written contract rejected as moonshine.

10 Aug 2012

The plaintiff, Mohandas I. Chatlani, filed a summary suit against the defendant, Varad L. Ullal, for recovery of Rs.72,68,750/- with interest. The sui...

High Court

Bombay High Court Allows Rejection of Plaint Against Defendant Directors in NSEL Suit for Lack of Averments and Immunity Under IFC Act. The court held that vague allegations without specific averments do not constitute a cause of action, and an IFC employee is immune from suit for official acts under the International Finance Corporation (Status, Immunities and Privileges) Act, 1958.

23 Sep 2015

The Bombay High Court disposed of two notices of motion filed by Defendant Nos. 14 and 15 in a suit by National Spot Exchange Limited (NSEL) against v...

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