Search Results for "formal defect"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "formal defect"

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High Court

Bombay High Court Dismisses Revision Application as Not Maintainable in Civil Suit for Injunction — Order Refusing Temporary Injunction Is Appealable Under Order 43 Rule 1(r) CPC. Revision Under Section 115 CPC Is Not Maintainable When an Alternative Remedy of Appeal Exists.

31 Jul 2013

The present Civil Revision Application was filed by the applicants, Babybai w/o Skharam Pardeshi and Madansingh s/o Dharamsingh Pardeshi, against the ...

High Court

Bombay High Court Dismisses Application for Recalling Witness in Election Petition — No Power to Recall Witness After Cross-Examination Under CPC and Representation of the People Act, 1951. The court held that Order XVIII Rule 17 CPC does not permit recall of a witness for further cross-examination after discharge, and inherent powers under Section 151 CPC cannot be invoked to circumvent specific provisions.

30 Nov -0001

The case arises from an election petition filed by Ravindra Ramji Mundhe (petitioner) challenging the election of Avadhoot Anil Tatkare (respondent No...

Supreme Court

Supreme Court Sets Aside High Court Order Directing De Novo Trial in Criminal Case Based on Procedural Irregularity in Charge Framing. The Court Held That Under Sections 464 and 465 of the Code of Criminal Procedure, 1973, a Mere Procedural Defect in Framing Charge Does Not Vitiate Trial Absent Demonstrated Prejudice or Failure of Justice, Especially When Accused Had Full Knowledge and Participated Actively for Over Fourteen Years.

25 Mar 2026

The appeal arose from a criminal case involving offences under Sections 147, 148, 149, 307, 302, and 120B of the Indian Penal Code, 1860, and Section ...

High Court

Bombay High Court Dismisses Petitions Challenging Rejection of Application to Reopen Evidence in Civil Suit. Trial Court's Discretion Under Order 18 Rule 17 CPC Upheld as Defendants Had Sufficient Opportunity to Cross-Examine Witness.

25 Aug 2011

The petitioners, who were the original defendants in Special Civil Suit No.74/2010 pending before the Second Joint Civil Judge, Satara, filed four wri...

High Court

Bombay High Court Allows Revision Against Order Permitting Withdrawal of Suit with Liberty to File Fresh Suit Under Order 23 Rule 1 CPC. Defects in Plaint Including Misjoinder, Non-valuation, and Improper Reliefs Held Not Formal Defects.

23 Dec 2005

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by Rajaram s/o Jairam Raut (the defendant...

High Court

Bombay High Court Dismisses Election Petition for Lack of Material Facts in Recount Application. Allegations of Improper Counting Must Be Supported by Specific Averments Under Section 83 of the Representation of the People Act, 1951.

22 Sep 2016

The case involves an election petition filed by Rashmi Digambar Bagal challenging the election of Narayan Govindrao Patil from the 244 Karmala Assembl...

High Court

Bombay High Court Dismisses Petition Challenging Withdrawal of Cooperative Dispute with Liberty to File Fresh Suit. Cooperative Appellate Court's Order Permitting Withdrawal with Liberty Upheld as No Prejudice Caused to Opposite Party.

10 Nov 2025

The petitioners, Shree Champalal Kothari Trust and others, challenged a judgment of the Cooperative Appellate Court dated 1 October 2019, which confir...

Supreme Court

Supreme Court Allows Appeal of Employees in Cooperative Society Recruitment Case — Procedural Defects Not Attributable to Employees Cannot Invalidate Appointments After Long Service. The court held that appointments made pursuant to a public advertisement and approval by the Registrar, though allegedly in violation of amended Rule 3 of the Primary Cooperative Marketing Societies Rules under the Haryana Cooperative Societies Act, 1984, are not void ab initio and cannot be annulled after long unblemished service.

1 Jan 2026

The present appeal arises from a judgment of the Division Bench of the Punjab and Haryana High Court affirming the annulment of appointments of the ap...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract Found. Tender Conditions Required Execution of Formal Agreement, Which Never Occurred.

3 Sep 2014

The appellant, Kalpataru Properties Pvt. Ltd., filed a suit for specific performance against respondent No.1, Majithia Nagar Co-operative Housing Soci...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Patent Infringement Suit — Director's Authority to Sue Not Barred by Absence of Board Resolution at Plaint Stage. The court held that Order 29 Rule 1 CPC allows a director to sign and verify pleadings, and the absence of a board resolution is not a ground for rejection under Order 7 Rule 11(d) CPC.

2 Sep 2014

The appellant, M/s. Alcon Electronics Pvt. Ltd., filed a suit against the respondent, Celem S.A., in the District Court at Nashik seeking a declaratio...

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