Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Civil Procedure Code, 1908"

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High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower appellate court's modification of preliminary decree granting 1/3rd share to plaintiff and 2/3rd share to defendant, rejecting appellant's claim of exclusive ownership based on oral partition.

6 Mar 2024

This regular second appeal was filed by the 1st defendant, Sri Janardhan S/o Shivappa Naik, challenging the judgment and decree dated 15.07.2006 passe...

Supreme Court

Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

15 May 2026

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

High Court

High Court of Karnataka Quashes Commission Order in Final Decree Proceedings Due to Lack of Jurisdiction and Non-Compliance with CPC Requirements. The court held that the trial court must first determine the mode of partition before issuing a commission under Order 26 Rule 9 CPC.

14 Jun 2019

The petitioners, legal representatives of the original plaintiff Y.R. Lakshminarasimhaiah, filed a writ petition under Article 227 of the Constitution...

High Court

High Court of Karnataka Quashes Commission Order in Final Decree Proceedings Due to Non-Compliance with Order 26 Rule 9 CPC. Suo Motu Issuance of Commission Without Application or Notice Held Invalid.

14 Jun 2019

The petitioners, legal representatives of the original plaintiff, challenged an order dated 25.06.2018 passed by the Principal Senior Civil Judge, Chi...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Summary Judgment in Commercial Suit for Recovery of Loan. Money-Lending Without License Under Maharashtra Money-Lending (Regulation) Act, 2014 Raises Triable Issue.

31 Jan 2023

The petitioners, M/s. Ashok Commercial Enterprises and Ramesh Uttamchand Ramchandani, filed a commercial suit for recovery of Rs.50,00,000/- with inte...

High Court

High Court of Madras Reviews Review Applications in Co-operative Sugar Mill Cases. No Substantive Judgment Text Available for Further Extraction.

28 Mar 2025

No substantive judgment text provided; only case details are available. The case involves a batch of review applications by multiple individuals again...

High Court

High Court of Karnataka Upholds Trial Court Order Striking Out Defence for Non-Compliance with Conditional Order Under Order VIII Rule 1 CPC. Failure to Pay Costs and File Written Statement Within Extended Time Leads to Automatic Striking Out of Defence.

8 Jul 2025

The petitioners, Mr. Venugopal Krishnamurthy and Mrs. Poorna Venugopal, filed a writ petition under Article 227 of the Constitution of India challengi...

High Court

High Court of Karnataka Allows Decree-Holder's Petition Under Article 227 in Execution Proceedings — Order XXI Rule 41 CPC Mandates Judgment-Debtor to File Affidavit of Assets. The Court held that the Commercial Court erred in dismissing the application for asset disclosure without considering the mandatory nature of Order XXI Rule 41 CPC.

30 Jul 2025

The petitioner, Ms. Sumita Abhishek Sundaram, is the decree-holder in a commercial execution proceeding (Com. Ex. 541 of 2024) pending before the LXXX...

High Court

Bombay High Court Dismisses Writ Petition Against Rejection of Order 7 Rule 11 CPC Application in Eviction Suit — Maintainability Under Article 227 Not Available When Revision Under Section 115 CPC Lies. Composite Application Including Issues Beyond Plaint Rejection Does Not Convert Order into One Not Subject to Revision.

18 Dec 2019

The petitioner, Jasraj Lalaji Oswal, was the defendant in Civil Suit No. 9 of 2016 filed by the respondents (plaintiffs) seeking his eviction. In that...

High Court

Bombay High Court Quashes Minister's Revision Order in Land Partition Dispute — Holds That Revenue Authorities Cannot Reopen Final Civil Court Decrees Under Maharashtra Land Revenue Code. The court ruled that the revisional power under Section 257 of the Maharashtra Land Revenue Code, 1966 cannot be used to re-adjudicate a partition decree that attained finality in 1956, and that a delay of over 12 years in filing revision is fatal.

4 Nov 2025

The Bombay High Court was hearing a batch of writ petitions challenging an order dated 27 September 2024 passed by the Minister (Revenue and Forest De...

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