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 Execution Application for Sale of Partnership Property in Execution of Money Decree. Court holds that decree holder can attach and sell judgment debtor's interest in partnership assets without impleading the partnership firm as a party, under Order 21 Rule 49 CPC and Section 29 Partnership Act, 1932.

20 Apr 2018

The case involves a dispute between Shreyas Alias Ashok Narayan Pathare (plaintiff/judgment debtor) and CVK & Associates (defendant/decree holder). Th...

High Court

High Court of Bombay at Goa Admitted Second Appeal on Substantial Questions of Law Relating to Execution Sale Confirmation Under Order XXI Rule 92(3) of Code of Civil Procedure, 1908. Questions Framed on Inclusion of Property Not Attached or Auctioned in Sale Confirmation and Maintainability of Suit.

5 Aug 2005

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High Court

Bombay High Court Dismisses Revision Against Order Rejecting Plaint for Non-Payment of Court Fees in Suit for Specific Performance. Court Held That Under Section 4 of the Maharashtra Court Fees Act, 1959, Court Fees Must Be Paid on the Market Value of the Property as on the Date of Suit, Not on the Consideration Amount.

30 Nov -0001

The case involves a civil revision application filed by the applicants (original plaintiffs) against an order of the trial court rejecting their plain...

Supreme Court

Supreme Court Reinstates Suit Filed by Legal Heirs in Partnership Dispute, Overturning High Court's Rejection of Plaint. The Court held that the plaint disclosed a cause of action under Order VII Rule 11 of the Code of Civil Procedure, 1908, and issues of partnership dissolution and legal heirs' rights under the Indian Partnership Act, 1932, are mixed questions of fact and law to be decided at trial.

21 Sep 2021

The dispute arose from a civil suit filed by the legal heirs of deceased partners of the partnership firm 'Soorajmull Nagarmull', seeking declarations...

Supreme Court

Supreme Court Allows Application Under Order IX Rule XIII CPC to Set Aside Ex Parte Succession Certificate Due to Minor's Incapacity and Material Suppression. The Court held that a minor cannot be expected to respond to public notice or initiate proceedings independently, and material discrepancies in the application under Section 372 of Indian Succession Act, 1925 justified revocation under Section 383.

1 Apr 2026

The dispute originated from an application filed by respondents under Section 372 of the Indian Succession Act, 1925, seeking succession certificate f...

High Court

Bombay High Court Allows Transfer of DV Act Proceedings to Family Court for Clubbing with Divorce Petition - Emphasizes Avoidance of Multiplicity and Conflict of Decisions. The court held that the wife's right to choose forum under the DV Act is not absolute and that transfer under Section 24 CPC is justified when common issues arise between matrimonial proceedings.

4 Sep 2024

The applicant husband filed a Miscellaneous Civil Application seeking transfer of a complaint filed by the respondent wife under the Protection of Wom...

Supreme Court

Supreme Court Dismisses Appeal in Property Title Dispute, Upholding High Court's Reversal of Trial Court Decree. The Court held that the appeal remained maintainable despite a defendant's death as the legal representative was already on record, and affirmed the High Court's decision based on insufficient evidence to prove title under the Code of Civil Procedure, 1908.

1 Sep 2021

The dispute involved a civil suit for declaration of title and recovery of possession of a house in Hyderabad. The Plaintiffs, P. Ishwari Bai and her ...

Supreme Court

Supreme Court Dismisses Appeal in Property Title Dispute Due to Failure to Establish Title and Upholds High Court's Evidence Appreciation. Appeal Maintained Despite Death of Defendant as Legal Representative Was Already on Record Under Order XLI Rule 4 of Code of Civil Procedure, 1908.

1 Sep 2021

The dispute originated from a suit for declaration of title and recovery of possession filed by P. Ishwari Bai (first plaintiff) and her husband Narso...

High Court

Bombay High Court Dismisses Second Appeal in Perpetual Injunction Dispute — No Substantial Question of Law Found. The court upheld the first appellate court's concurrent findings on possession and absence of right of way under Section 100 of the Code of Civil Procedure, 1908.

6 Jun 2022

The appellants-defendants filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and order dated 1st A...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Appellate Court's Finding of Adverse Possession. The court held that the appellants failed to prove title and that the respondents had perfected title by adverse possession over the suit property.

7 Jan 2020

The case involves a Regular Second Appeal filed by the appellants (original plaintiffs) against the judgment and decree of the Senior Civil Judge and ...

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