Search Results for "dismissal for default"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "dismissal for default"

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Supreme Court

Supreme Court Dismisses Petitioner in Property Dispute Due to Suit Becoming Infructuous After Decades of Procedural Delays. The Court Held That Prolonged Litigation and Non-Compliance with Procedural Requirements Under Order IX of the Code of Civil Procedure, 1908, Rendered the 1982 Suit Infructuous, Warranting Dismissal of the Special Leave Petition.

24 Apr 2025

The dispute originated from a suit filed in 1982 by petitioners seeking a declaration that property belonging to their joint family was wrongly sold b...

Supreme Court

Supreme Court Allows Restoration of Civil Suit Dismissed for Default — Appellant's Diligence in Pursuing Restoration Application Evident from Rojkam Order Sheet. The Court held that the Trial Court and High Court erred in dismissing the restoration application under Order IX, Rule 9 CPC, as the plaintiff demonstrated consistent presence and interest.

9 Jan 2019

The appellant-plaintiff filed Civil Suit No. 217 of 1994 for declaration and injunction regarding a plot of land. The suit was dismissed for default o...

Supreme Court

Supreme Court Upholds Executability of Specific Performance Decree Despite Delay in Deposit of Balance Consideration. Non-Deposit Within Stipulated Time Does Not Automatically Render Decree Inexecutable; Judgment-Debtor Must Seek Rescission Under Section 28 of Specific Relief Act, 1963.

6 May 2026

The case involves a dispute over the execution of a decree for specific performance of an agreement to sell agricultural land. The appellant, Habban S...

High Court

High Court of Karnataka Quashes Dismissal of Final Decree Petition for Default in Partition Suit. Final decree proceedings cannot be dismissed under Order IX Rule 8 CPC as they are a continuation of the suit and must be decided on merits.

28 Jun 2024

The petitioners, who were plaintiffs in a suit for partition and separate possession, obtained a preliminary decree. Subsequently, they filed a final ...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim Case Due to Non-Prosecution of Driver and Owner — Claimants Entitled to Compensation as Tribunal Erred in Dismissing Petition for Default Without Considering Merits. Dismissal for default set aside, matter remitted for fresh consideration under Section 166 of Motor Vehicles Act, 1988.

2 Jan 2024

The appeal arises from the judgment and award dated 04.03.2010 in MVC No.395/2007 passed by the III Addl. MACT, Bagalkot, whereby the claim petition f...

High Court

Bombay High Court Allows Petition Challenging Labour Court Order in Industrial Dispute — Matter Remanded for Fresh Adjudication on Merits. Failure to Provide Reasoned Decision and Non-Consideration of Evidence Constitutes Violation of Principles of Natural Justice.

9 Apr 2026

The petitioner, GlaxoSmithKline Pharmaceuticals Limited, challenged an order of the Labour Court, Nashik, dated 30 November 2024, which dismissed the ...

High Court

Bombay High Court Remands Unfair Labour Practice Complaints for Fresh Adjudication — Industrial Court's Dismissal for Default Set Aside Due to Non-Compliance with Procedural Requirements. Workers' Complaints Under MRTU & PULP Act to Be Heard Anew on Merits.

18 Feb 2016

The judgment concerns two writ petitions filed by workers against the dismissal of their complaints under the Maharashtra Recognition of Trade Unions ...

High Court

High Court of Bombay at Goa Allows Second Appeal in Eviction Case Due to Procedural Violation of Order 41 Rule 17 CPC. First Appellate Court Dismissed Appeal on Merits Despite Appellant's Absence, Which Is Impermissible Under Law.

22 Jan 2016

The case involves a second appeal filed by the appellant, Smt. Nayan alias Chandrakala Chandrakant Borkar, challenging the judgment and order dated 30...

High Court

Bombay High Court Allows Appeal in Property Suit, Sets Aside Order Rejecting Plaint for Non-Prosecution. Court holds that dismissal of suit for default under Order IX Rule 8 CPC is not permissible when the plaintiff's counsel is absent but the defendant is present and ready to proceed.

25 Jun 2015

The appellant, Prabhudayal Pande, filed a First Appeal against an order dated 14.8.2014 passed by the 8th Joint Civil Judge (Sr.Dn.), Nagpur, in Speci...

High Court

Bombay High Court Allows Restoration of Land Acquisition Reference Dismissed for Default Despite Merits Decision. Order IX Rule 9 CPC Application Maintainable When Reference Court Decides Case on Merits in Absence of Applicant.

2 Feb 2015

The petitioner, Arvind Vyankatrao Tarar, was the original applicant in Land Acquisition Case No. 19 of 2001 pending before the Reference Court under S...

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