Search Results for "Civil Procedure Code, 1908"

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High Court of Karnataka Dismisses Appeals in Property Dispute, Upholds Trial Court's Partial Decree for Declaration, Injunction, and Partition. Appellants failed to prove title and possession over suit property, and trial court's findings were based on proper appreciation of evidence under Section 96 CPC.

The case involves two Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 26.02.2...

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High Court of Karnataka Dismisses Tenant's Revision in Eviction Suit — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Tenant's Subletting Without Consent and Default in Rent Justify Eviction.

The case involves a civil revision petition filed by the tenant (Naraindas Bodaram) against the concurrent orders of eviction passed by the Trial Cour...

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Bombay High Court Allows Revision in Muslim Divorce Case — Civil Court Lacks Jurisdiction Over Dahej Recovery Under Muslim Women Act. Section 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986 provides exclusive remedy before Magistrate for return of property given at or before marriage.

The case involves a civil revision application filed by the original defendants (applicants) against an order of the Civil Judge, Senior Division, Dar...

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Bombay High Court Allows Second Appeal in MRTP Act Case — Notice Under Section 53(1) Challenged as Nullity for Shortfall in Statutory Period. Bar Under Section 149 of Maharashtra Regional and Town Planning Act, 1966 Does Not Apply When Notice Itself Is Invalid for Non-Compliance with Mandatory Period.

The appellant, Kishor S/o Ramalu @ Rambhau Telang, was the original plaintiff who received a notice dated 18.11.2010 under Section 53(1) of the Mahara...

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Bombay High Court Allows Petition and Quashes Civil Imprisonment for Breach of Injunction Due to Lack of Knowledge of Injunction Order. The court held that under Order 39 Rule 2A of the Code of Civil Procedure, 1908, knowledge of the injunction order must be proved before punishing for breach.

The petitioners, Dr. Vinod Babarao Rode and Sou. Varsha Vinod Rode, filed a writ petition challenging an order dated 15.10.2010 passed by the trial co...

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Bombay High Court Dismisses Revision Application in Easementary Right of Way Dispute Involving Waqf Property. Civil Court Retains Jurisdiction Over Declaration of Easementary Rights as Dispute Does Not Relate to Waqf Property or Rights Therein.

The case involves a Civil Revision Application filed by the Kausa Jama Masjid Trust (Defendant-Trust) challenging an order of the Trial Court rejectin...

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Bombay High Court Dismisses Petitions Challenging Collector's Order on Disqualification References Under Maharashtra Local Authority Members' Disqualification Act, 1986. Preliminary Objections Regarding Non-Compliance with Rule 6 and Verification Requirements Rejected as Technicalities.

The petitioners, elected members of Zilla Parishad, Dhule, challenged an order dated 27 May 2009 passed by the Collector, Dhule, which turned down the...

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Bombay High Court Dismisses Petition Challenging Cooperative Court Orders in Property Dispute Between Member and Housing Society. Member's claim for plot allotment fails as cancellation by NIT and subsequent sale to third party upheld due to member's failure to construct within stipulated time.

The petitioner, a member of the respondent Nagpur Cooperative Housing Society Ltd., was allotted plot No.122 by the Society, which had obtained 13 plo...