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 Dismissal of Claim for Raising Attachment in Execution Proceedings — Registered Transfer of Property Must Be Adjudicated on Merits. The Court held that the Executing Court cannot summarily reject a claim based on a registered deed of transfer without proper inquiry under Order 21 Rule 58 of the Code of Civil Procedure, 1908.

13 Jun 2013

The appeal arises from an order of the learned Single Judge dated 18 June 2012 dismissing a Chamber Summons taken out by the Appellant for raising an ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Arbitral Award and Recovery Order Under Article 227 — Alternative Remedy Under Section 34 of Arbitration Act Not Availed. The court held that a writ petition under Article 227 is not maintainable when the petitioner has not availed the statutory remedy under Section 34 of the Arbitration and Conciliation Act, 1996 to challenge an arbitral award under the Multi State Co-operative Societies Act, 2002.

7 Jun 2018

The petitioners, Rajendra Baban Deshmukh and Sangita Rajendra Deshmukh, filed a writ petition under Article 227 of the Constitution of India before th...

High Court

High Court of Judicature at Bombay Dismisses Second Appeal in Civil Suit for Declaration and Injunction — Plaintiff Failed to Prove Ownership Based on Partition Deed. Court Holds That Failure of Defendant to File Written Statement Does Not Entitle Plaintiff to Automatic Decree Under Order 8 Rule 10 and Order 12 Rule 6 of Code of Civil Procedure, 1908; Plaintiff Must Prove Claim to the Satisfaction of Court.

10 Apr 2018

The matter arose from a Special Civil Suit filed by the appellant, the original plaintiff, seeking declaration, damages, and permanent injunction over...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order in Civil Suit — No Jurisdictional Error Found in Rejection of Application Under Order 7 Rule 11 CPC. The court held that the trial court's order was a plausible view and did not warrant interference under Article 227.

6 Jan 2025

The petitioners, who are defendants in a civil suit, filed a writ petition under Article 227 of the Constitution of India challenging the order dated ...

High Court

Bombay High Court Allows Winding Up Petition Against Debtor Company for Non-Payment of Decretal Debt. Decretal debt remains due and payable despite unsuccessful attempt to set aside ex-parte decree; no bona fide defence raised.

26 Mar 2014

The petitioner, Gati Ltd., filed a winding up petition under Sections 433 and 434 of the Companies Act, 1956 against the respondent, Atcom Technologie...

High Court

Bombay High Court Dismisses Petition Challenging Retrospective Service Tax Amendment on Renting of Immovable Property. The Court upheld the explanation to Section 65(105)(zzc) of the Finance Act, 1994 as clarificatory and not violative of Article 14.

18 Apr 2017

The petitioner, Chanakya Mandal, a trust registered under the Bombay Public Trust Act, filed a writ petition under Article 226 of the Constitution of ...

High Court

Bombay High Court Allows Marking of Registered Sale Deeds as Exhibits Despite Denial of Contents — Evidentiary Value to be Decided at Trial. Execution of registered sale deeds admitted by defendant; trial court's refusal to mark them as exhibits set aside; documents to be marked and objections considered at final stage.

2 Apr 2026

The petitioner, as plaintiff, filed Regular Civil Suit No.41 of 2012 seeking declaration of ownership and perpetual injunction over two agricultural l...

High Court

Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC.

13 Feb 2012

The case involves a First Appeal registered as such but to be decided as a Second Appeal under Section 100 of the Code of Civil Procedure, 1908. The a...

High Court

Bombay High Court Dismisses Civil Revision Application in Rent Control Dispute — Lease Deed Not Required to Be Registered Under Section 107 of Transfer of Property Act, 1882 for Monthly Tenancy. Tenant's Possession Held to Be Lawful Under Agreement of Lease, Not Liable for Eviction.

5 Apr 2019

The plaintiff, Mahendra Valji Rathod, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgm...

High Court

Gujarat High Court Dismisses Appeal of Legal Heir in Trust Property Dispute. Claim of Ownership and Adverse Possession Fails as Land Registered as Trust Property Under Gujarat Public Charitable Trust Act, 1950.

30 Jan 2026

The appellant, Niteshbhai Bhanjibhai Khetiya, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908 read with Section 72(4) of th...

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