Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Civil Procedure Code, 1908"

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High Court

High Court of Karnataka Allows Revision Petition in Electricity Supply Company Case — Plaint Rejected for Lack of Jurisdiction Under Section 145 of Electricity Act, 2003. Civil Court Has No Jurisdiction to Entertain Suit for Specific Performance of Contract for Electricity Connection Where Remedy Lies Before the Special Court Under the Electricity Act.

10 Dec 2020

The present case involves a civil revision petition filed by the Hubli Electricity Supply Company (HESCOM) and its Assistant Executive Engineer agains...

High Court

Bombay High Court Allows Appeal Against Remand Order in Licence Fee Dispute — Trial Court Must Decide Suit on Merits Without Being Influenced by Observations in Remand Order. Appellate Court Exceeded Jurisdiction Under Order XLI Rules 23, 23-A, 25 CPC by Remanding Without Deciding Appeal on Merits.

9 Apr 2015

The appellant (original plaintiff) filed Regular Civil Suit No.1900/2012 (Old Special Civil Suit No.535/2008) for mandatory injunction and recovery of...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Plaint for Non-Payment of Court Fees — Caste Certificate Sufficient for Exemption Under Section 46 of Bombay Court Fees Act, 1959. The court held that the trial court must consider caste certificates before rejecting plaint for non-payment of court fees.

6 May 2010

The petitioners, original plaintiffs, filed a suit for declaration and injunction against the respondents, original defendants, seeking to declare an ...

High Court

Karnataka High Court Considers Maintainability of Regular First Appeal Under Section 96 CPC and Examines Plaintiff’s Readiness and Willingness in Suit for Specific Performance of Agricultural Land Sale Agreement; Trial Court Had Dismissed Specific Performance but Directed Refund of Advance with Interest

3 Mar 2015

The appeal arose from the judgment and decree dated 27.09.2014 in O.S. No.1/2011 passed by the Senior Civil Judge and JMFC, Tiptur, partly decreeing t...

High Court

Bombay High Court Dismisses Petition Challenging Late Filing of Written Statement in Commercial Suit — Service of Writ of Summons Not Mandatory When Defendant Has Entered Appearance and Received Plaint and Notice of Motion. The court held that the object of service of summons is to give notice, and if the defendant has already appeared and received the plaint, formal service is not required under Order VIII Rule 1 CPC and Section 16 of the Commercial Courts Act, 2015.

21 Dec 2022

The Petitioner, Metro Ortem Ltd, a public limited company, filed a Commercial Suit No. 3 of 2019 before the Bombay City Civil Court at Mumbai against ...

High Court

Bombay High Court Allows SFC Petition Against Guarantors Under Section 31(1)(aa) of SFC Act, 1951 — Guarantors Liable Despite Company's Winding Up. Guarantee is a separate contract and liability of guarantor is co-extensive with principal debtor under Section 128 of Indian Contract Act, 1872.

7 Jun 2005

The petitioner, SICOM Limited, a State Financial Corporation, filed a petition under Section 31(1)(aa) of the State Financial Corporation Act, 1951 ag...

High Court

High Court of Karnataka Allows Appeal in Municipal Election Dispute — Sets Aside Dismissal of Election Petition for Non-Prosecution. Restoration of Election Petition Granted as Tribunal Failed to Consider Sufficient Cause for Absence Under Section 151 CPC.

10 Mar 2015

The appellant, Mr. K. Krishnaraj Hegde, filed an election petition under Section 21 of the Karnataka Municipal Corporation (Election) Act 1979 before ...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Adoption and Inheritance Dispute. Court holds that the plaint discloses a cause of action and raises triable issues regarding adoption and limitation, warranting a full trial.

23 Jun 2017

The plaintiff, Usha Ramrao Bhojane, filed a suit seeking a declaration that she is the adopted daughter of the late Laxman Shegaonkar and the late Yam...

High Court

Karnataka High Court Dismisses Plaintiff’s Writ Petition Challenging Trial Court’s Rejection of Partial Decree Application Under Order XII Rule 6 CPC — Admissions Relied Upon Not Clear and Unconditional. Order XII Rule 6 of Code of Civil Procedure, 1908 Requires Admission to Be Clear and Unequivocal, and Partial Judgment Cannot Be Passed When Core Suit for Specific Performance Is Yet to Be Decided.

30 Jul 2025

The dispute arose from two agreements of sale dated 26-10-2007 executed between the petitioner (plaintiff) and the first respondent (defendant) for th...

High Court

High Court Allows Appeal by Appellant Against Respondent in Money Claim Suit, Reverses Trial Court's Dismissal on Ownership Grounds Under Major Port Trusts Act, 1963

9 Feb 2026

Appellant, a U.K.-based company, appealed against the Bombay City Civil Court's order dismissing its suit for money claim regarding goods sold by auct...

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