Search Results for "CPC amendment 1976"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "CPC amendment 1976"

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High Court

High Court of Bombay Upholds Rejection of Amendment to Written Statement in Eviction Suit; No Due Diligence Shown After Commencement of Trial. Tenant's Application to Add Waiver Plea Based on Municipal Tax Payments Fails Under Order 6 Rule 17 CPC as Knowledge of Tax Payments Existed Throughout.

20 Oct 2006

The matter arose from a suit for eviction and mesne profits filed by the landlord against the tenant in the Small Causes Court at Mumbai. The landlord...

High Court

High Court Holds in Review Petition that CPC Amendments under Commercial Courts Act Do Not Apply to Commercial Disputes Below Specified Value. The 120‑day limit for written statement under Order VIII Rule 1 of CPC, 1908 as amended by the Commercial Courts Act, 2015 is inapplicable to suits where the Specified Value is below Rs. 3 lakhs, even if the suit is before the Commercial Division under the proviso to Section 7.

1 Jun 2019

The dispute arose in a commercial suit where the Plaintiff had determined the Specified Value at Rs. 20,000, which was below the threshold of Rs. 3 la...

High Court

Bombay High Court Strikes Down Gender-Discriminatory Amendment to CPC Service Rule. Bombay Amendment to Order V Rule 15 CPC Held Ultra Vires and Unconstitutional for Restricting Service to Adult Male Members Only.

16 Sep 2011

The case arose from a Letters Patent Appeal where the appellant sought to serve notice on respondent no.5. The bailiff returned the notice unserved be...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Decree in Partition Suit — Amendment Allowed to Correct Clerical Error in Decree Without Affecting Rights of Parties. The court held that correction of a typographical error in the survey number of the suit property from 'S. No. 41/A' to 'S. No. 41' under Section 152 CPC is permissible even after the decree has become final, as it does not alter the substance of the decree.

13 Dec 2023

The petitioner, Balkrishna Naik, original defendant No. 3, challenged an order dated 05.07.2011 passed by the learned Principal District Judge, Latur,...

High Court

High Court of Judicature at Bombay Dismisses Petition Challenging Cooperative Court's Order on Jurisdiction under Section 9A CPC. Court Holds Section 9A CPC as Inserted by Maharashtra Amendment Act, 1977 is Not Repealed by Central Amendment Acts of 1999 and 2002 and Remains in Force in State of Maharashtra.

14 Mar 2006

The writ petition arose from a suit filed before the Co-operative Court, Solapur, by the respondents against the petitioner cooperative bank. The peti...

High Court

High Court of Bombay at Goa Quashes Trial Court Order Allowing Amendment to Counterclaim in Civil Suit. Counterclaim Based on Cause of Action Arising After Filing of Written Statement Is Not Maintainable Under Order VIII Rule 6A Code of Civil Procedure, 1908.

21 Sep 2017

The petitioners, original plaintiffs in a civil suit for declaration and permanent injunction filed on 17 April 2007, challenged an order of the trial...

High Court

Bombay High Court Allows Revision Application in Civil Procedure Matter — Section 9A CPC Repealed. Preliminary Issue on Jurisdiction Cannot Be Decided Under Repealed Provision; Trial Court Directed to Decide Jurisdiction Along with Other Issues.

7 Apr 2006

The case involves a Civil Revision Application filed by Madhuri Prabhakar Patole against Aruna Satishchandra Gaikwad, challenging an order of the Civi...

High Court

Bombay High Court Allows Amendment of Written Statement in Civil Suit for Declaration of Ownership and Injunction — Amendment Sought Before Commencement of Trial Held Permissible Under Order VI Rule 17 CPC. The court set aside the Trial Court's rejection of the amendment application, holding that pre-trial amendments should be liberally allowed to determine the real controversy.

23 Jun 2017

The petitioner, Parmilabai Machindra Harne, was the defendant in Regular Civil Suit No. 386/2015 filed by the respondent, Ganesh Narayan Harne, seekin...

High Court

High Court of Karnataka Allows Amendment of Plaint in Suit for Declaration and Injunction — Amendment Sought to Include Alternative Relief of Possession and Mesne Profits Held Not to Change Nature of Suit or Cause Prejudice to Defendant. The court set aside the trial court's order rejecting the amendment application under Order VI Rule 17 CPC, holding that pre-trial amendments should be liberally allowed to avoid multiplicity of proceedings.

25 Sep 2025

The petitioners, legal representatives of the original plaintiff, filed a writ petition under Article 227 of the Constitution of India challenging the...

High Court

High Court of Karnataka Quashes Order Rejecting Amendment Application in Partition Suit — Failure to Consider Objections and Provide Reasons Violates Principles of Natural Justice and Order VI Rule 17 CPC. The court remitted the matter for fresh consideration with a direction to pass a reasoned order after hearing both parties.

9 Jul 2025

The petitioners, who are the plaintiffs in O.S. No.80/2017 pending before the II Additional Senior Civil Judge and JMFC at Davangere, filed a writ pet...

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