Search Results for "Civil Procedure Code, 1908"

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Supreme Court Reverses High Court's Decision in Property Title Dispute Due to Lack of Evidence on Power of Attorney. Concurrent Findings of Lower Courts Restored as Plaintiffs Failed to Prove Title and Compliance with Registration Act for Foreign-Executed Document.

The dispute originated from a civil suit filed by the original plaintiffs seeking declaration of title and recovery of possession over a property, all...

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Bombay High Court Allows Appeal Against Order Returning Plaint for Want of Jurisdiction in Contractual Dispute. Court Holds That Part of Cause of Action Arose Within Jurisdiction Where Tender Was Submitted and Bank Guarantee Was Invoked, Applying Section 20(c) CPC.

The appellant, M/s Ambarwadikar & Co., a registered firm, filed Special Civil Suit No.18/2012 before the Civil Judge, Senior Division, Latur, seeking ...

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Karnataka High Court Dismisses Writ Petition Challenging Lok Adalat Compromise Decree in Partition Suit: Third Party Not Permitted to Invoke Article 226 Against Lok Adalat Award. Writ Remedy Not Available to Strangers to Decree; Proper Recourse Is to File a Separate Suit for Declaration and Partition.

The writ petition was filed under Articles 226 and 227 of the Constitution of India by five individuals claiming to be members of the same family as t...

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High Court of Judicature at Bombay Examines Repugnancy Between Section 28A of Bombay Civil Courts Act, 1869 and Section 299 of Indian Succession Act, 1925. Petitioner Contends That District Court Lacked Jurisdiction to Hear Appeal from Probate Revocation.

The writ petition was filed by Smt. Nola Jonathan Ranbhise before the High Court of Judicature at Bombay, challenging the constitutional validity of S...

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Bombay High Court Allows Decree-Holder's Execution Against Pendente Lite Purchaser in Possession Suit. Held that a purchaser pendente lite is bound by the decree and can be dispossessed in execution under Order 21 Rule 35 CPC without a separate suit.

The petitioner, Kashinath Ramji Shinde (since deceased, represented by legal heirs), filed a suit in 1987 seeking possession, declaration, and mesne p...