Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Dismisses Suit as Infructuous After Full Performance of Construction Contract. Specific Performance Claim Becomes Infructuous When Defendant Constructs and Hands Over All 532 Flats and Plaintiff Accepts Possession, Leaving No Issue for Adjudication Under Order XV Rule 1 CPC.

The plaintiff, National Bank for Agricultural and Rural Development, filed a suit in 1989 against M/s. Shah Thakur & Sons and another defendant seekin...

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Supreme Court Allows Appeal in Part in Foreign Currency Arbitral Award Enforcement Case. Twin Principles Laid Down: Date of Enforceability for General Conversion, Date of Deposit for Amounts Deposited in Court.

The Supreme Court addressed the issue of the correct date for converting a foreign currency arbitral award into Indian rupees for enforcement. The app...

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Bombay High Court Allows Executor's Application for Probate in Will Dispute — Caveat Dismissed for Lack of Interest. Court held that a caveator claiming under an unproduced Will has no caveatable interest under Section 284 of the Indian Succession Act, 1925.

The case involves a Notice of Motion filed by Daya Subhash Tiwari, the applicant and original petitioner in a probate petition, seeking dismissal of a...

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Supreme Court Allows Appeal in Civil Review Case Due to High Court Exceeding Review Jurisdiction. High Court's Review Order Set Aside as It Acted as Appellate Court, Violating Limited Scope Under Order 47 Rule 1 read with Section 114 of Code of Civil Procedure, 1908.

The dispute originated from an order by the Tiruchirappalli City Municipal Corporation dated 17.07.2008 concerning a pathway in Tiruchirappalli. The a...

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Supreme Court Restores Tribunal's Compensation Award in Motor Accident Claim Case - High Court's Reduction of Functional Disability Percentage Without Cross-Appeal by Insurance Company Deemed Unjustified Under Order XLI Rule 33 of Code of Civil Procedure, 1908.

The dispute arose from a motor accident claim where the appellant, injured in a road traffic accident, sought compensation. The appellant, a 32-year-o...