Search Results for "CPC"

222 result(s) found

Scroll Down To Discover

Found 222 result(s)

© Image Copyrights Juris Services & Technology

"Bombay High Court Judgment on Maintainability of Appeals in Execution Proceedings of Arbitral Awards" "Establishing the primacy of the Arbitration and Conciliation Act over procedural laws for appealability."

1. Introduction The case involved the maintainability of appeals against an order disposing of execution proceedings for an arbitral award. The core ...

© Image Copyrights Juris Services & Technology

Restoration of Appeal Allowed: Compromise Non-compliance Entitles Statutory Remedy. Failure to honor compromise terms allows restoration of appeal under the Code of Civil Procedure.

The Supreme Court held that in cases of non-compliance with compromise terms, a party has the statutory right to seek restoration of an appeal. The Hi...

© Image Copyrights Juris Services & Technology

"Disputed Tenancy Rights in Walkeshwar Property" Upholding the Sanctity of Tenancy under the Maharashtra Rent Control Act.

The case revolves around the claim of tenancy rights by the plaintiff, Mr. Pradeep Kumar Lalit Kumar Pandya, over two residential units in Kapadia Bui...

© Image Copyrights Juris Services & Technology

Enforcement of a Decree and Interpretation of Reciprocal Adjustments. Balancing Liabilities in Execution: A Case on Interest Calculation and Set-Off

The Bombay High Court (Coram: Amit Borkar, J.) addressed whether an executing court can interpret a decree to restrict interest on the decretal amount...

© Image Copyrights Juris Services & Technology

Dismissal of Election Petition for Non-Compliance with Mandatory Provisions. Strict adherence to Representation of People Act, 1951 upheld.

1. Introduction: Case: Shahaji Nanai Thorat vs. Sanjay Dina Patil and Others. Context: Election Petition filed under Section 81 of the Representat...

© Image Copyrights Juris Services & Technology

Supreme Court Sets Aside Specific Performance in a Property Dispute. Equitable relief denied due to buyer's conduct and financial incapacity.

The Supreme Court of India,  overturned the High Court's decree for specific performance. The Court restored the Trial Court's decision dismissing t...

© Image Copyrights Juris Services & Technology

Delegating Discretion: Parsi Matrimonial Courts Can Record Evidence Via Commissioner Balancing tradition and modernity under PMDA for expeditious justice.

The Bombay High Court upheld the discretion of Parsi Matrimonial Courts to direct the recording of evidence before a Court Commissioner under Order X...

© Image Copyrights Juris Services & Technology

State of Haryana's Plea for Adverse Possession Denied: High Court's Judgment Upheld. State cannot claim adverse possession over private land in a welfare State; Plaintiffs' Ownership Established.

The Supreme Court dismissed the appeal filed by the State of Haryana and the Public Works Department (PWD), challenging the High Court's decision whic...

© Image Copyrights Juris Services & Technology

Joining a Member of a Housing Society as a Party in Unauthorized Construction Dispute. A cooperative society member has a locus standi to challenge unauthorized construction by another member if it impacts common rights.

The Bombay High Court allowed the impleadment of a cooperative housing society member as a defendant in a suit challenging unauthorized construction b...

© Image Copyrights Juris Services & Technology

"Admissibility of Counter-claims and Jurisdiction: High Court Quashes Trial Court Order" "Upholding jurisdictional boundaries and procedural precision in civil litigation."

1. Background of the Case: Petitioner: Filed a suit for specific performance of contract. Respondent: Filed a counter-claim asserting possession a...