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

Bombay High Court Allows Second Appeal in Territorial Jurisdiction Dispute Under Section 21 CPC — Lower Appellate Court Erred in Reversing Trial Court's Finding on Jurisdiction Without Considering Waiver. The Court Remanded the Matter for Fresh Consideration on Whether the Objection Was Waived and Whether There Was Failure of Justice.

23 Jul 2013

The appellant, Miss Mridula Nikhar, filed a suit for recovery and possession of movable assets based on an agreement with the respondent, Shah Nature ...

Supreme Court

Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

12 Jan 2024

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

High Court

Bombay High Court Allows Appeal Against Refusal of Leave Under Clause 12 Letters Patent — Holds That Regional Office of Defendant Company Confers Territorial Jurisdiction. The court clarified that the Explanation to Section 20 CPC does not override Clause 12 of the Letters Patent, and a defendant company carrying on business through a regional office in Mumbai can be sued there even if the cause of action arose elsewhere.

3 Aug 2015

The appellant, KPL International Limited, filed an appeal against the judgment and order dated 18 June 2015 of the learned Single Judge of the Bombay ...

Supreme Court

Supreme Court Allows Appeal in Limitation for Possession Under Order XXI Rule 95 CPC — Starting Point of Limitation is Date Sale Becomes Absolute, Not Date of Sale Certificate. Article 134 of Limitation Act, 1963 governs application under Order XXI Rule 95 CPC, and limitation runs from confirmation of sale under Rule 92(1), not from issuance of sale certificate.

1 Jan 2023

The appeal arose from a judgment of the Kerala High Court dismissing a civil revision application filed by the appellants, who were judgment-debtors. ...

Supreme Court

Supreme Court Allows Appeals and Remands Second Appeals to High Court for Fresh Disposal Due to Procedural Non-Compliance Under Section 100 CPC. High Court Dismissed Second Appeals on an Un-Framed Question Without Following Mandatory Procedure Under Section 100(5) CPC.

12 Mar 2019

The appellant, Tanuku Taluk Village Officers' Association, filed two civil suits against Tanuku Municipality and others: one for permanent injunction ...

High Court

Bombay High Court Hears Contempt Application in Trademark Infringement Suit Alleging Violation of Interim Injunction. Defendant's Use of 'White Spicy Pepper Masala' and 'Black Spicy Pepper Masala' Examined for Being Deceptively Similar to Plaintiff's Registered Marks Despite Interim Order Restraining Identical or Deceptively Similar Marks Under Order XXXIX Rule 2A CPC.

3 Aug 2026

The plaintiff Sky Enterprise Private Limited filed an interim application under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908, alleging con...

High Court

Bombay High Court Allows Counter-Claim in Civil Suit Under Order VIII Rule 6A CPC — Rejects Trial Court's View That Counter-Claim Must Be Filed Only After Written Statement. The court held that a counter-claim can be filed after written statement but before settlement of issues, and the trial court's rejection was erroneous.

15 Jun 2026

The petitioners, Mandar Suresh Bhatwadekar and Dr. Shrirang Arun Limaye, were defendants in two civil suits (RCS/2249/2019 and RCS/2248/2019) filed by...

High Court

Bombay High Court Quashes Government Resolution Granting Letter of Intent for New Colleges, Holds State's Discretion Under Section 109(3)(d) of Maharashtra Public Universities Act Must Be Non-Arbitrary. Refusal Based on Extraneous Factors Like Age of Institution Violates Article 14 of Constitution.

21 Feb 2024

The matter pertained to the establishment of a new college in Taluka-Haveli, Pune, under the Maharashtra Public Universities Act, 1960. The petitioner...

High Court

Bombay High Court Allows Appeal Against City Civil Court's Order Holding Lack of Jurisdiction in Suit for Declaration of Joint Entitlement to Slum Rehabilitation Premises. The court remanded the matter for fresh consideration on jurisdiction, emphasizing that the issue must be decided based on pleadings and the nature of the suit.

9 Apr 2013

The appellant, Ashok B. Nigudkar, filed a suit in the City Civil Court, Mumbai seeking a declaration that he was jointly entitled along with the defen...

High Court

High Court of Karnataka Allows Appeals by Cooperative Society Against Rejection of Plaints in Suits for Permanent Injunction — Dispute Over Title to Property Requires Full Trial, Not Summary Rejection Under Order 7 Rule 11 CPC.

22 Sep 2023

The appellant, Dattaprasad Cooperative Society Ltd., filed four Regular First Appeals against the judgment and decree dated 27.02.2006 passed by the V...

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