Search Results for "Civil Procedure Code, 1908"

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Search Results for "Civil Procedure Code, 1908"

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Supreme Court

Supreme Court Allows Appeal in Civil Suit, Restoring Trial Court's Order and Granting Interim Injunction. The Court held that the second suit was not barred under Order II Rule 2 of the Code of Civil Procedure, 1908, as the causes of action and properties involved were distinct from the first suit, and the plaint disclosed a cause of action arising after knowledge from the written statement.

16 Apr 2026

The dispute involved a family property conflict where the appellants, the wife and daughters of the deceased original owner, challenged a Power of Att...

High Court

Bombay High Court Allows Transfer of Divorce Proceedings from Nashik to Jaysingpur on Grounds of Wife's Convenience and Hardship. Wife's medical condition, lack of income, and responsibility for school-going daughter considered sufficient cause for transfer under Section 24 CPC.

15 Sep 2023

The applicant-wife, Mrs. Priyanka Rahul Patil, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking ...

High Court

Bombay High Court Allows Transfer of Hindu Marriage Petition from Ahmednagar to Beed on Grounds of Wife's Convenience and Hardship. Wife's inability to travel due to lack of male escort and financial dependence constitutes sufficient ground for transfer under Section 24 of the Code of Civil Procedure, 1908.

14 Aug 2012

The applicant, Sau. Mangal w/o Ambadas Gaikwad, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking...

High Court

Madras High Court Allows Revision Against Rejection of Plaint in Government Suit for Declaration of Nullity of Decree — Trial Court's Order Set Aside for Non-Compliance with Order VII Rule 11 CPC. The court held that a suit challenging a decree as null and void on grounds of fraud or inherent lack of jurisdiction is maintainable and not barred by res judicata.

23 Jan 2026

The Government of Tamil Nadu, represented by the District Collector and other revenue officials, filed a civil suit (unnumbered O.S.SR.No.448 of 2022)...

High Court

Bombay High Court Allows Amendment of Decree Without Amending Judgment in Execution Proceedings — Order-XX Rule 6 CPC. The Court held that a decree can be amended to correct property description without amending the judgment, as per Order-XX Rule 6 of the Code of Civil Procedure, 1908.

21 Jul 2017

The case involves a second appeal arising from execution proceedings. The respondents (original plaintiffs) had filed a suit for possession of land an...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Arbitration Petition Under Section 37 of Arbitration and Conciliation Act, 1996. Court Holds That Scope of Interference Under Section 37 Is Limited and Impugned Order Did Not Suffer From Patent Illegality or Perversity.

29 Mar 2016

The petitioners, Wind World (India) Limited and others, filed an arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996, ...

High Court

Bombay High Court Grants Interim Injunction in Share Dispute Alleging Fraudulent Transfer. Plaintiff's claim for half share in father's estate upheld pending trial due to prima facie evidence of fraudulent share transfer under Companies Act.

30 Oct 2012

The plaintiff, Prabodh Jamnadas Kothari, filed a suit seeking declaration of the estate of his deceased father and his 1/2 share therein, particularly...

High Court

Bombay High Court Upholds Return of Plaint in Suit for Injunction Relating to Open Land — Small Causes Court Has Exclusive Jurisdiction Under Presidency Small Cause Courts Act, 1882. The suit for injunction regarding open land used for water tap and underground cable was held to be exclusively triable by the Small Causes Court under Section 41 of the Presidency Small Cause Courts Act, 1882, as the land was appurtenant to a building.

31 Jan 2005

The appellant, Rambaran Mayashankar Tiwari, carrying on business as Bhole Shankar Flour Mill, filed a suit in the City Civil Court at Bombay seeking a...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Lower Appellate Court Failed to Re-appreciate Evidence. The Court held that the first appellate court's non-application of mind to evidence constituted a substantial question of law under Section 100 of the Code of Civil Procedure, 1908, warranting remand for fresh consideration.

12 Nov 2025

The case involves a second appeal filed by the original defendant, Krishnabai Babya Navale, challenging the judgment dated 21.01.2017 passed by the le...

High Court

Madras High Court Dismisses Revision Petitions Against Order Rejecting Plaint in Suit for Declaration and Injunction — Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata. The court held that rejection of plaint under Order VII Rule 11 CPC is not warranted when the plaint on its face shows a cause of action and the issues of limitation and res judicata require trial.

27 Mar 2026

The case involves three civil revision petitions filed by the 3rd defendant in a suit for declaration of title and permanent injunction. The plaintiff...

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