Search Results for "CPC amendment 1976"

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High Court of Karnataka Delivers Judgment in Regular Second Appeal and Connected Writ Petitions Concerning Land Regularization and Possession Dispute in Sy.No.148. The Court Examined the History of Revenue Entries, Grants, and Cancellation of Durasth Between the Parties.

The dispute concerned agricultural land bearing Sy. No. 148 of Kannamangala Village, Kasaba Hobli, Channapatna Taluk. The legal battle involved two fa...

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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Upholds Concurrent Findings of Tenancy and Subletting. Landlord's claim for possession under Section 16 of the Maharashtra Rent Control Act, 1999 fails as subletting was not proved and tenant's possession was lawful.

The case involves two civil revision applications arising from a dispute between the landlords (M/s. K. B. Lahoti and Company and others) and the tena...

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Bombay High Court Full Bench Holds Trial Court Can Frame Preliminary Issue Under Section 9-A CPC Disposing of Suit in Part. The Court interprets Section 9-A of the Code of Civil Procedure, 1908 (Maharashtra Amendment) to allow partial disposal of suit or cause of action on preliminary issue of jurisdiction.

The Full Bench of the Bombay High Court was constituted to answer a reference on whether a trial court, under Section 9-A of the Code of Civil Procedu...

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Bombay High Court Dismisses Revision in Eviction Suit Between Sisters — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Ownership of Suit Property Vested in Plaintiff as Title Holder, and Defendants Failed to Prove Benami Transaction or License.

The case involves a dispute between two sisters over a residential property in Mumbai. The plaintiff, Vishala Bokapatna Laxman, filed a suit for evict...

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Bombay High Court Dismisses Second Appeal in Landlord-Tenant Dispute Over Eviction and Mesne Profits — Concurrent Findings of Subletting and Unauthorized Construction Upheld Under Section 100 CPC.

The case involves a second appeal filed by the original defendants (tenants) against the concurrent decrees of eviction and mesne profits passed by th...

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Gujarat High Court Allows Restoration of Suit Dismissed for Default, Condoning Delay of Over 4 Years Due to Sufficient Cause. The Court held that the Trial Court's rejection of condonation was perverse and that a liberal approach is warranted under Order IX Rule 9 CPC and Section 5 of Limitation Act.

The petitioner, heir of the original plaintiff, filed a Special Civil Application under Articles 226 and 227 of the Constitution of India challenging ...

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Bombay High Court Considers GST Liability on Royalty Payments to Court Receiver in Commercial Property Dispute. The Court Examines Whether Payments to a Court Receiver Under Order XL CPC Constitute Taxable Supply Under the CGST Act, 2017 and Whether GST Should be Discharged via Reverse Charge Mechanism.

The Bombay High Court, in a Court Receiver's Report arising from a commercial suit for recovery of possession of three shops used as a restaurant, exa...

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Bombay High Court Dismisses Second Appeal in Execution Objection Case — Upholds Summary Rejection of Objection Petition Under Order 21 Rule 97 CPC. Executing Court Not Required to Adjudicate Title When Objection is Frivolous and Collusive.

The appellant, Kamal W/o Vishwanath Jadhav, filed a second appeal challenging the judgment and decree dated 11.09.2025 passed by the first appellate C...