Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Civil Procedure Code, 1908"

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High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings on Limitation and Validity of Sale Deeds. Suit for partition and declaration that sale deeds were null and void held barred by limitation under Article 58 of Limitation Act, 1963 as plaintiffs had knowledge of the transactions since 2000 but filed suit in 2007.

8 Mar 2019

The appellants, original plaintiffs, filed a suit for partition and separate possession of a suit house property, seeking a declaration that they have...

High Court

Bombay High Court Upholds Leave Granted Under Clause XII of Letters Patent in Trademark Infringement Suit — Plaintiff's Business Activities in Mumbai Confer Territorial Jurisdiction. The court held that the plaintiff had established a prima facie case that part of the cause of action arose within the jurisdiction of this court, and the defendants failed to discharge the burden of proving that the leave was improperly granted.

12 Jul 2017

The plaintiff, M/s Black Ticket Films, a registered partnership firm based in New Delhi, filed a suit in the Bombay High Court against two defendants ...

High Court

Bombay High Court Allows Amendment of Written Statement in Commercial Suit — Defendant No.4 Granted Leave to Amend Defence to Include Additional Grounds of Challenge to Agreement. Court holds that amendments to written statement are permissible under Order VI Rule 17 CPC even after commencement of trial, provided no prejudice is caused to the plaintiff, and that the test for allowing amendment is more liberal for written statements than for plaints.

6 Feb 2019

The present chamber summons was filed by Defendant No.4, Sahrish Constructions Private Limited, seeking leave to amend its written statement in a comm...

Supreme Court

Supreme Court Dismisses Appeal in Bank Account Suit — Plaint Rejected as Barred by Limitation Under Article 113 of Limitation Act, 1963. Exchange of Correspondence Cannot Extend Limitation Once Right to Sue Accrues.

1 Jan 2020

The appellant, Shakti Bhog Food Industries Ltd., filed a civil suit in 2005 against the Central Bank of India and another respondent seeking a decree ...

High Court

High Court Dismisses Commercial Appeal by Appellant Against Order Rejecting Return of Plaint Application -- Maintainability Under Commercial Courts Act, 2015 and CPC -- Jurisdiction Dispute in Commercial Suit

29 Jan 2026

The High Court dismissed a commercial appeal filed against an order rejecting an application under Order VII Rule 10 of CPC seeking return of plaint o...

High Court

Bombay High Court Directs Refund of Court Fees in Motor Accident Claims Settled Through Lok Adalat or Mediation Under Section 89 CPC. Fees paid under Rule 278(i) of Motor Vehicles Rules, 1991 are refundable under Section 16 of Court Fees Act, 1870 read with Section 21 of Legal Services Act, 1987.

23 Oct 2013

The Bombay High Court at Goa took suo motu cognizance of a submission by the Registrar (Judicial) & Member Secretary of the Goa State Legal Services A...

High Court

Bombay High Court Allows Transfer of Section 34 Applications Under Arbitration Act from District Court to High Court for Consolidated Hearing. Transfer Ordered Under Section 24 CPC to Avoid Multiplicity of Proceedings and Conflicting Decisions in Arbitration Matters.

15 Mar 2013

The applicant, Atlanta Limited, a public limited company, filed this application under Section 24 of the Code of Civil Procedure, 1908 seeking transfe...

Supreme Court

Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

1 Jan 2019

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

High Court

Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

16 Jun 2014

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

High Court

Bombay High Court Upholds Deemed Conveyance Under MOFA Despite Pending Civil Suit — Statutory Right to Conveyance Independent of Contractual Disputes. The Competent Authority's grant of deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963 was upheld as the statutory right operates independently of a pending civil suit for specific performance and damages.

7 Feb 2025

The petitioner, Swastik Promoters and Developers, challenged an order dated 26th July 2021 passed by the Competent Authority (District Deputy Registra...

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