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 Dismisses Appeal Against Return of Plaint for Lack of Territorial Jurisdiction in Suit for Declaration and Injunction Regarding Association Name and Monogram. Court holds that under Section 20 of the Code of Civil Procedure, 1908, jurisdiction is determined by the location of the defendant's residence or the cause of action, and mere authorization to file suit does not confer jurisdiction.

2 Apr 2014

The appellant, Akhil Bhartiya Grahak Panchayat, a society registered under the Societies Registration Act, 1860 with its registered office in Delhi, f...

High Court

Bombay High Court Dismisses Second Appeal in Debt Recovery Case — Concurrent Findings on Bond and Interest Upheld. Document dated 15th June 2009 held to be a bond under Maharashtra Stamps Act, but no objection on stamp duty raised at trial; interest at 8% p.a. awarded under Section 34 CPC not interfered with.

10 Dec 2015

The appellant, Farookh Ahmed Meman, was the original defendant in a suit filed by the respondent, Kadeer Kadar Meman, for recovery of Rs.5,28,900/- ba...

High Court

High Court of Karnataka Allows Writ Petition by Defendants in Suit for Declaration and Injunction, Quashing Trial Court Order to Decide Valuation and Court Fee as Preliminary Issue. Held that issues relating to valuation and court fee are mixed questions of law and fact and must be decided at final stage under Order XIV Rule 2 CPC.

17 Jun 2026

The petitioners, who were defendants No.5 and 6 in a suit for declaration and injunction filed by the respondents (plaintiffs), challenged an order da...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Decree for 5/7th Share. Appellant's claim of adverse possession and independent title rejected as she failed to prove exclusive possession and the suit property was ancestral joint family property.

9 Feb 2017

The Regular First Appeal No.4169 of 2012 was filed under Section 96 of the Code of Civil Procedure, 1908, before the High Court of Karnataka, Dharwad ...

High Court

High Court of Bombay Sets Aside Exparte Divorce Decree Due to Non-Compliance with Summons Service Rules. Family Court Failed to Require Affidavit of Bailiff or Examine Him as Mandated by Rule 19 of Family Court Rules, 1988 and Order V Rules 17, 19 of Code of Civil Procedure, 1908.

10 Jul 2018

This is an appeal filed by the husband against an exparte decree of dissolution of marriage granted by the Family Court, Aurangabad on the grounds of ...

High Court

High Court of Karnataka Dismisses Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance. The court held that mere denial of service without evidence is insufficient to set aside an ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908.

22 Mar 2024

The petitioners, legal representatives of the original defendant Kadappa, filed a writ petition under Article 227 of the Constitution of India challen...

Supreme Court

Supreme Court Dismisses Revenue Appeal in Income Tax Limitation Case Under Section 144C. Nagarathna J. Holds That Section 144C Does Not Extend Limitation Under Section 153 of Income Tax Act, 1961.

1 Jan 1970

This separate opinion by Nagarathna J. arises from civil appeals filed by the Revenue against a common order of the Bombay High Court. The High Court ...

High Court

Bombay High Court Allows Second Appeal in Possession Suit Based on Title — Concurrent Findings Set Aside for Ignoring Compromise Decree and Mutation Entries. The court held that failure to consider crucial evidence renders findings perverse and warrants remand under Section 100 CPC.

27 Oct 2010

The present second appeal arises from a suit for possession based on title filed by the original plaintiff (respondent No. 1) against the original def...

High Court

High Court of Karnataka Dismisses Revision Petition in Caste Correction Suit — No Error Apparent on Face of Record for Amendment Under Section 152 CPC. Application to correct cause title of judgment and decree dismissed as no clerical or arithmetical mistake existed.

3 Jun 2015

The petitioner, Santosh Munavalli, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC), challenging the order...

High Court

Bombay High Court Allows Revision Against Rejection of Plaint in Suit for Declaration and Injunction — Held That Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata. The court held that the plaint cannot be rejected under Order VII Rule 11 CPC when the allegations in the plaint, taken as true, disclose a cause of action and the issues of limitation and res judicata require trial.

10 Apr 2023

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction against the respondents, including the State a...

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