Search Results for "Civil Procedure Code, 1908"

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Search Results for "Civil Procedure Code, 1908"

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High Court

Bombay High Court Allows Appeal Against Return of Plaint in Municipal Tax Dispute — Civil Court Must Decide Jurisdiction Before Returning Plaint Under Order VII Rule 10 CPC. The court held that an order returning a plaint for lack of jurisdiction is appealable and the appellate court can examine the correctness of the finding on jurisdiction.

23 Sep 2015

The appellant, Akola Gujrati Samaj, a public trust registered under the Bombay Public Trust Act and the Societies Registration Act, 1860, runs an educ...

High Court

Bombay High Court Dismisses Appeal Against Return of Plaint in Municipal Tax Dispute — Civil Court Lacks Jurisdiction Over Tax Exemption Claim. Order VII Rule 10 CPC Allows Return of Plaint for Presentation Before Proper Forum When Court Lacks Jurisdiction.

23 Sep 2015

The appellant, Akola Gujrati Samaj, a public trust registered under the Bombay Public Trust Act and a society under the Societies Registration Act, 18...

High Court

High Court Dismisses Petition Challenging Rejection of Impleadment Application in Partition Suit -- Trial Court's Discretion Under CPC Upheld Despite 20-Year Delay in Filing

9 Jan 2026

The petitioner challenged the Trial Court's order rejecting her application to implead family members as defendants in a partition suit pending since ...

High Court

High Court of Karnataka Pronounces Judgment in Regular First Appeal Against Partition Decree Pending 16 Years. Appeal Raised Issues of Daughter's Coparcenary Rights Under Section 6 of Hindu Succession Act and Validity of Gift Deeds in Violation of Court Order.

5 Apr 2023

The litigation originated from a suit for partition, separate possession, and mesne profits filed on 28 January 1995 by Shantavva, the first wife of K...

High Court

Bombay High Court Considers Interim Relief in Suit Challenging Show Cause Notices Issued Under 2024 RBI Master Directions Based on Forensic Audit by Allegedly Unqualified Auditor. Petitioner Contends that Audit Firm Not Chartered Accountant and Report Invalid Under Chartered Accountants Act, 1949 and RBI Directions.

24 Dec 2025

This matter concerned three suits filed by the plaintiff, Anil D. Ambani, against Indian Overseas Bank, IDBI Bank, Bank of Baroda, and others, along w...

High Court

Gujarat High Court Allows Amendment Application in Partition Suit — Holds That Adding Property and Changing Valuation Does Not Alter Nature of Suit. Amendment Under Order VI Rule 17 CPC Must Be Liberally Granted to Determine Real Controversy Between Parties.

17 Feb 2026

The present petitions under Articles 226 and 227 of the Constitution of India were filed by the original plaintiffs (petitioners) challenging the orde...

High Court

High Court of Gujarat Dismisses Revision by Union of India in Arbitration Award Execution — Interest Calculation Upheld. Executing Court Cannot Go Behind Decree; Order Directing Deposit of Outstanding Amount with Interest at 15% Per Annum Sustained.

25 Feb 2026

The Union of India filed a revision under Section 115 of the Code of Civil Procedure, 1908 against an order dated 02.05.2003 passed by the Judge, Cour...

High Court

Bombay High Court Allows Revision Applications in Property Dispute — Sets Aside Ex-Parte Decree for Non-Compliance with Order 8 Rule 1 CPC. Failure to File Written Statement Within 90 Days Leads to Striking Off Defence, But Court Finds No Justification for Ex-Parte Decree Without Considering Application for Setting Aside Abatement.

5 Jun 2023

The case involves two civil revision applications filed by the applicants (original defendants) against the respondents (original plaintiffs) challeng...

Supreme Court

Supreme Court Allows Appeals of Legal Heirs of Deceased Doctor in Medical Negligence Case — Revision Petition Abates on Death of Doctor. Right to Sue for Medical Negligence Does Not Survive Against Legal Heirs Under Section 306 of Indian Succession Act, 1925 as Personal Injury Action Extinguishes with Death of Alleged Tortfeasor.

4 May 2026

The case arose from a medical negligence complaint filed in 1997 against Deceased, alleging deficiency in service for an eye operation performed in 19...

High Court

Bombay High Court Grants Interim Relief to Licensors in Leave and Licence Disputes Under Section 9 of Arbitration and Conciliation Act, 1996. Court holds that termination of licence agreements and recovery of possession are arbitrable disputes warranting interim protection to prevent irretrievable injustice.

20 Aug 2022

The judgment concerns three arbitration petitions filed under Section 9 of the Arbitration and Conciliation Act, 1996, by licensors seeking interim me...

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