Search Results for "CPC amendment 1976"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "CPC amendment 1976"

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Supreme Court

Supreme Court Grants Leave to Appeal Against High Court Order Upholding CLB's Condonation of Delay in Share Transmission Registration. Core Issue Revolves Around Interpretation of Section 58(3) of Companies Act, 2013 and the CLB's Inherent Powers to Apply Limitation Act Provisions.

1 Jan 1970

The dispute centered on the condonation of a 249-day delay in filing an appeal under Section 58(3) of the Companies Act, 2013 before the Company Law B...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

22 Dec 2023

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

Supreme Court

Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

30 Jun 2021

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

High Court

High Court of Bombay Quashes Maharashtra Revenue Tribunal's Order of Remand in Agricultural Tenancy Cases as Being Unwarranted When No Evidence of Tenancy Existed. The Court Holds That Remand for Fresh Enquiry is Impermissible Under Principles Analogous to Order XLI Rules 23 and 23A of Code of Civil Procedure, 1908, When the Revisional Authority Concludes That There Is No Material to Prove the Claim of Tenancy Under Section 70(b) of Bombay Tenancy and Agricultural Lands Act, 1948.

1 Nov 2012

The High Court of Judicature at Bombay dealt with 128 writ petitions filed by landowners challenging a common order of the Maharashtra Revenue Tribuna...

High Court

Bombay High Court Quashes Condonation of 9-Year Delay in Recall Application in Suit Withdrawal Case — Unconditional Withdrawal Under Order XXIII Rule 1(1) CPC is Plaintiff's Absolute Right. The court held that the plaintiff's right to unconditionally withdraw a suit is absolute and cannot be fettered by the court, and a delay of over 9 years in seeking recall of such an order cannot be condoned without sufficient cause.

21 Feb 2025

The petitioner, M/s. Vaishnavi Engineers and Developers Private Limited, had filed a suit (RCS No. 782 of 2012) against the respondents seeking declar...

High Court

High Court of Karnataka Allows Appeal in Partition Suit — Remand Ordered Due to Non-Joinder of Necessary Party and Improper Appreciation of Evidence. The lower appellate court's order setting aside the trial court's decree and remanding the matter for fresh disposal was upheld as the trial court had failed to implead all necessary co-sharers and had not properly appreciated the evidence.

29 Jul 2016

The respondent-plaintiff filed a suit for partition and separate possession of his share in the plaint 'B' and 'C' schedule properties. The trial cour...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Written Statement in Rent Suit Pending for 21 Years. Amendment Allowed Subject to Costs as No Irretrievable Prejudice Caused to Plaintiff.

2 Sep 2024

The petitioners, legal representatives of the original plaintiff Morarji Hariram (since deceased), filed a writ petition challenging an order dated 13...

High Court

Karnataka High Court Upholds Executing Court’s Dismissal of Obstruction Applications Filed Under Order 21 Rule 97 and 99 CPC. Decree for Eviction Executed; Objectors Failed to Prove Possession at Time of Delivery.

5 Dec 2013

The revision petitions arose from the execution of eviction decrees passed by the Small Causes Court in three eviction petitions filed by the decree h...

Supreme Court

Supreme Court Sets Aside High Court Judgment Dismissing Second Appeal on Merits in Absence of Appellant's Counsel — Violation of Order XLI Rule 17(1) CPC. The Court held that under Order XLI Rule 17(1) read with its Explanation, the appellate court cannot dismiss the appeal on merits when the appellant is absent; it can only dismiss for default.

13 Dec 2019

The case arises from a civil suit filed by the respondents (plaintiffs) for declaration of title, recovery of possession, and mesne profits against th...

Supreme Court

Supreme Court Interprets Applicability of Written Statement Time Limit to Counter-Claim in Commercial Suits. The Court Examined Whether the 120-Day Limit Under Order VIII Rule 1 CPC Applies to Plaintiffs' Reply to Counter-Claims Governed by the Commercial Courts Act, 2015.

19 Jul 2026

This matter arose from a commercial suit for recovery of money filed by the appellants (plaintiffs) against the respondents (defendants). The defendan...

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