Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Civil Procedure Code, 1908"

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High Court

High Court of Karnataka Dismisses Appeal in Injunction Suit — Upholds Trial Court's Finding of Possession in Favor of Plaintiffs. The court held that the appellant-defendant failed to prove her title and possession over the suit property, and the plaintiffs established their prior possession and entitlement to injunction under Section 38 of the Specific Relief Act, 1963.

9 Dec 2020

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, by the unsuccessful defendant No.2, C.N. Leelava...

High Court

Bombay High Court Allows Arbitration Petition Under Section 45 of Arbitration and Conciliation Act, 1996 — Refers Dispute to Arbitration. Holds That Arbitration Agreement Is Valid and Not Null and Void, Inoperative, or Incapable of Being Performed.

30 Nov 2017

The petitioner, Bottero S.p.A., filed an arbitration petition under Section 45 of the Arbitration and Conciliation Act, 1996, seeking to refer the dis...

High Court

High Court of Karnataka Allows Writ Petition in Probate Court Fee Dispute — Court Fee Payable Only When Claim Becomes Contentious. The proviso to Article 11(l) of Schedule II of the Karnataka Court-Fees and Suits Valuation Act, 1958 requires court fee to be paid only after a caveat is entered or objections are filed, not at the time of filing the application for probate or letters of administration.

4 Jun 2014

The petitioner, Smt. N. Gajalakshmi, filed a writ petition under Article 227 of the Constitution of India challenging an interlocutory order dated 11....

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Finding of Joint Tenancy and Equal Shares Among Family Members. The court held that the land granted by the Land Tribunal under the Karnataka Land Reforms Act, 1961 was for the benefit of the entire family, and the plaintiff's admission that the land was cultivated by the entire family estopped him from claiming a larger share.

5 Jul 2013

The appellant, Rajesh Naik, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated ...

Supreme Court

Supreme Court Reverses High Court Judgment in Property Dispute, Declaring 1985 Document as Will, Not Gift. The Court Held That the Disposition Took Effect on Death, Not in Praesenti, Under Transfer of Property Act, 1882, and That the High Court Erred in Setting Aside Concurrent Findings Without a Substantial Question of Law Under Section 100 CPC.

24 Mar 2025

The appeal arose from a property dispute between siblings over a document executed by their father in 1985. The respondent, the daughter, filed a suit...

High Court

High Court of Karnataka Dismisses Revision Petition in Ejectment Suit — Upholds Trial Court's Order Allowing Production of Mortgage Deed. Defendant's Application for Production of Mortgage Deed Under Order 8 Rule 1-A CPC Allowed as Document Was Relevant and Not Previously Available.

5 Apr 2017

The plaintiff filed a suit for ejectment against the defendant seeking possession of the plaint schedule premises. The suit was at the stage of trial....

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Time Was Essence of Contract; Forfeiture of Earnest Money Upheld. Breach by Buyer in Agreements to Sell Land in Gurgaon Leads to Dismissal of Suit for Specific Performance and Refund of Earnest Money.

11 Feb 2022

The case involves a dispute over two agreements to sell agricultural land in Gurgaon, executed on 17.02.2004, between the appellants (sellers) and the...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement Not Signed by Plaintiff Renders Suit Unenforceable. The court held that an agreement to sell not signed by the plaintiff seeking specific performance cannot be enforced, setting aside the decrees of the lower courts.

2 Feb 2005

The case involves a second appeal before the Bombay High Court arising from a suit for specific performance of an agreement to sell. The original plai...

Supreme Court

Supreme Court Allows Transfer of Family Court Case from Mumbai to Gujarat Under Code of Civil Procedure, 1908

21 Jan 2026

The Supreme Court allowed a transfer petition seeking to move a family court case from Mumbai to Gujarat. The petitioner filed under Section 25 of CPC...

High Court

High Court of Karnataka Allows Appeal in Part in Recovery Suit — Suit Against Guarantors Barred by Limitation. The court held that the cause of action against guarantors arose on the date of the loan agreement, not the promissory note, and the suit filed after three years was barred under Article 55 of the Limitation Act, 1963.

26 Jul 2017

The appeal was filed by defendant Nos.3 to 6 (guarantors) against the judgment and decree dated 13.12.2010 passed by the I-Additional Senior Civil Jud...

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