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 Suit for Declaration and Injunction in Property Dispute — Plaintiffs Fail to Prove Title and Possession. Court holds that mere possession of property documents does not establish ownership and that plaintiffs must prove their title independently.

30 Nov -0001

The plaintiffs, claiming to be owners and in possession of a plot of land in Ghatkopar, Mumbai, filed a suit for declaration of ownership and permanen...

High Court

High Court of Karnataka Dismisses Appeal for Specific Performance — Plaintiff Failed to Prove Readiness and Willingness and Suit Barred by Limitation. Agreement of Sale Dated 12.1.2000 Fixed Three Months for Execution; Suit Filed in 2003 Beyond Limitation Under Article 54 of Limitation Act, 1963.

24 Mar 2015

The appellant, V.P. Venkatesh, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 and Section 151 of the Code of Civil Procedure,...

High Court

High Court of Karnataka Dismisses Appeal for Specific Performance of Sale Agreement — Plaintiff Failed to Prove Readiness and Willingness. The court held that the plaintiff did not adduce sufficient evidence to show continuous readiness and willingness to perform the contract, and the suit was barred by limitation under Article 54 of the Limitation Act, 1963.

24 Mar 2015

The appellant, V.P. Venkatesh, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 and Section 151 of the Code of Civil Procedure,...

High Court

High Court of Karnataka Dismisses Appeal for Specific Performance of Sale Agreement — Plaintiff Failed to Prove Readiness and Willingness. The court held that the plaintiff did not adduce evidence to show continuous readiness and willingness to perform the contract, and the suit was barred by limitation under Article 54 of the Limitation Act, 1963.

24 Mar 2015

The appellant, V.P. Venkatesh, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 and Section 151 of the Code of Civil Procedure,...

High Court

High Court of Karnataka Allows Appeal in Probate Case — Will Proved to be Genuine and Duly Executed. Court sets aside trial court's dismissal and grants probate of the last will of Robert Gregory Mathias, finding that the propounder had discharged the burden of proving due execution and attestation under Section 63 of the Indian Succession Act, 1925.

21 Sep 2015

The appellants, Ida Mathias (widow) and her children, and Ida Pauline Sequeira (daughter of Santhan Immanuel Mathias), filed Regular First Appeals und...

High Court

Bombay High Court Sets Aside Orders Refusing Temporary Injunction Against Termination of Life Membership of Public Trust. Executive Committee's Resolution Removing Life Members Held Prima Facie Without Authority Under Clause 23(ix) of Memorandum of Association, Which Only Confers Power to Approve Members.

2 May 2018

The dispute arose from the termination of life membership of four members (the petitioners) by the Executive Committee of Vidarbha Youth Welfare Socie...

High Court

Bombay High Court Dismisses Civil Revision Against Refusal to Reject Plaint Under Order VII Rule 11 CPC — Cause of Action and Limitation Issues Require Trial. The court held that the plaint, read in its entirety, discloses a cause of action and is not barred by limitation, and the trial court correctly refused to reject the plaint.

15 Feb 2010

The case involves a civil revision application filed by the applicants (defendants in the original suit) against an order dated 21st April 2009 passed...

Supreme Court

Supreme Court Allows Appeal in Arbitration Execution Case — Interest Ceases on Withdrawal of Deposited Amount. Court holds that when a decree holder withdraws a deposited amount, interest ceases to run from the date of withdrawal, even if no formal notice under Order XXI Rule 1(4) CPC is given.

8 Dec 2022

The case arises from an arbitration award dated 14.04.2000, whereby the appellant, Nepa Limited, was directed to pay Rs. 14,49,300/- to the respondent...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Plaint in Suit for Specific Performance — Suit Barred by Limitation. The court held that the plaint must be rejected under Order VII Rule 11(d) CPC when the suit is clearly barred by limitation based on the averments in the plaint.

30 Nov -0001

The appellant, Romesh Satyanarayan Sharma, filed a suit for specific performance of an agreement to sell dated 15.07.2005 against the respondents, Mrs...

High Court

High Court of Karnataka Adjudicates Appeal Against Dismissal of Specific Performance Suit Arising from Joint Development MOU; Developer Seeks Amendment to Include Refund Claim After Dismissal of Suit.

8 Jul 2026

The appeal arose from a commercial suit for specific performance of a Memorandum of Understanding (MOU) dated 27.09.2004. The appellant, M/s Whitefiel...

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