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 Recalls Ex Parte Decree Due to Non-Compliance with Service Rules. Service of Summons Not in Accordance with Bombay High Court (Original Side) Rules, Leading to Recall of Decree Under Order IX Rule 13 CPC.

14 Dec 2017

The case involves a Notice of Motion filed by Defendants Nos. 2 to 4 under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC) to recall an ex...

Supreme Court

Supreme Court Allows Appeal of Elected Candidate in Office of Profit Disqualification Case. Special Government Pleader Appointment Under Order 27 Rule 8B CPC Held Not an Office of Profit Under Article 191(1)(a) of Constitution, and Rajasthan Act 5 of 1969 Retrospectively Removed Disqualification.

16 Oct 1969

This appeal arose from an election petition challenging the election of Kanta Kathuria to the Rajasthan Legislative Assembly from the Kolayat constitu...

High Court

Bombay High Court Allows Appeal by Judgment-Debtor in Electricity Dues Recovery Suit Due to Lack of Service of Summons. Decree Set Aside as Appellant Was Not Served Summons and Had No Opportunity to Defend, Violating Principles of Natural Justice.

28 Jan 2015

The appellant, Shashikant s/o Eknath Choudhari, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment a...

High Court

Full Bench of Bombay High Court Considers Whether Election Dispute Remedy Under Section 16 of Maharashtra Municipal Corporations Act, 1949 and Section 21 of Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act, 1965 Applies to Challenge Nomination of Nominated Councillors. The Court Examines Conflict Between Two Division Bench Decisions on the Maintainability of Such Petitions.

11 Mar 2016

The matter arose from two writ petitions. Writ Petition No. 11278 of 2012 was filed by Shri Anil (Vidyarthi) Chanderlal Ailani, a former elected counc...

High Court

High Court of Karnataka Allows Appeal in Civil Procedure Case — Holds That Order VII Rule 11 CPC Permits Only Rejection of Plaint as a Whole. Partial rejection of a plaint is not permissible in law under Order VII Rule 11 of the Code of Civil Procedure, 1908.

28 Jun 2018

The appeal arises from an order dated 05.04.2016 passed by the 42nd Additional City Civil and Sessions Judge, Bangalore on I.A.No.37 in O.S.No.8068/20...

High Court

Bombay High Court Quashes Executing Court's Order Sending Precepts to Collector for Partition Under Section 54 CPC — Consent Decree for Injunction Not a Decree for Partition. The court held that Section 54 of the Code of Civil Procedure, 1908 applies only to decrees for partition, and the executing court cannot convert a consent decree for perpetual injunction into a decree for partition.

6 Jan 2010

The petitioner, Shivaji Anna Tandel, challenged an order dated 23 December 2004 passed by the learned Civil Judge, Junior Division, in execution proce...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Order VII Rule 11 Application in Election Petition — Holds That Allegations of False Declaration and Suppression in Form-26 Disclose Triable Issues Under Section 100(1)(b) and (d)(i) of RP Act. The Court ruled that the Election Petition cannot be rejected at the threshold as it contains material facts and raises triable issues regarding corrupt practice and improper acceptance of nomination.

22 Apr 2024

The Supreme Court dismissed the appeal filed by Karim Uddin Barbhuiya, the returned candidate, against the Gauhati High Court's order dismissing his a...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Finding of No Common Property. Suit for partition and separate possession fails as plaintiff failed to prove that suit schedule properties were joint family properties.

25 Jan 2019

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment ...

High Court

High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

18 Jan 2019

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...

High Court

Bombay High Court Examines Whether Temporary Injunction to Restrain Alienation Pending Suit is Necessary Despite Section 52 of Transfer of Property Act, 1882. The Court Revisits Its Earlier Decision in Sharad Mor's Case in the Context of Multiple Appeals from Orders Refusing Injunctions.

3 Aug 2010

These appeals raised a common question about the necessity of granting a temporary injunction to restrain a defendant from creating third party intere...

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