Search Results for "CPC applicability"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "CPC applicability"

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High Court

Karnataka High Court Dismisses Revision Petition by Defendant No. 25 Against Trial Court's Order Refusing Rejection of Plaint in Partition Suit Due to Limitation and Validity of Sale Deed. Court Holds That Plaint Cannot Be Rejected Under Order 7 Rule 11 CPC as Issues of Limitation and Validity of Sale Deed Are Mixed Questions of Law and Fact Requiring Trial.

25 Oct 2024

The Civil Revision Petition No. 88 of 2024 was filed by M/s Jade Garden Plot Owner's Association, who was Defendant No.25 in the original suit O.S. No...

High Court

High Court of Judicature at Bombay Considers Whether DRT Mumbai Has Territorial Jurisdiction Under SARFAESI Act When Cause of Action Arises in Mumbai and Secured Property in Gujarat. Interpretation of Sections 17(7) SARFAESI Act and 19(1) RDDB Act and Applicability of CPC Section 16 to Securitization Applications.

15 Dec 2015

The writ petition under Article 226 of the Constitution of India challenged an order of the Debt Recovery Appellate Tribunal (DRAT) dated 8 October 20...

High Court

Bombay High Court Dismisses Appeal in Trademark Infringement Case — Plaintiff Fails to Establish Prima Facie Case and Guilty of Iniquitous Conduct. The court upheld the Single Judge's refusal of interim injunction under the Trade Marks Act, 1999 and Copyright Act, 1957, finding suppression of facts and lack of evidence of ownership.

6 Apr 2026

The present Commercial Appeal was filed by Laser Shaving India Pvt Ltd (the original plaintiff) against the order dated 25/06/2025 passed by the learn...

High Court

Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

24 Jan 2013

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

High Court

Bombay High Court Allows Appeal in Foreign Award Execution Case Due to Property Location. Territorial jurisdiction for execution of foreign award under Section 48 of Arbitration and Conciliation Act, 1996 is determined by location of property to be attached, not by place of cause of action.

30 Jan 2012

The appellant, Wireless Developers Inc., a US company, obtained a foreign arbitral award against the respondent, Indiagames Ltd., an Indian company, f...

High Court

Bombay High Court Allows Defendants to File Written Statement Beyond 120 Days in Pre-2015 Commercial Suit. Mandatory timeline under Commercial Courts Act, 2015 does not apply retrospectively to suits filed before the Act and transferred to Commercial Division.

24 May 2019

The Bombay High Court addressed a preliminary legal question in a Notice of Motion arising from a Commercial Suit. The suit was originally filed in 20...

Supreme Court

Supreme Court Upholds Class Action by Homebuyers Under Section 35(1)(c) of Consumer Protection Act, 2019 — Builder's Objection on Miniscule Percentage Rejected. Commonality of Interest Found in Delay in Possession and Unfair Trade Practices, Allowing Representative Complaint for All 1134 Apartment Purchasers.

17 Dec 2021

The case involves an appeal by Brigade Enterprises Limited, a builder, against an order of the National Consumer Disputes Redressal Commission (NCDRC)...

High Court

Bombay High Court Recalls Ex Parte Decree Due to Non-Compliance with Service Rules. Service of Summons Not in Accordance with Bombay High Court (Original Side) Rules, Leading to Recall of Decree Under Order IX Rule 13 CPC.

14 Dec 2017

The case involves a Notice of Motion filed by Defendants Nos. 2 to 4 under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC) to recall an ex...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Eviction Petition Under Delhi Rent Control Act, 1958 Due to Res Judicata. The Second Eviction Petition Was Barred as the First Petition's Dismissal for Failure to Prove Landlord-Tenant Relationship Constituted a Decision on Merits Under Order 17 Rule 3 CPC, Attaining Finality Under Section 11 CPC.

29 Mar 2023

The appeal originated from an eviction petition under the Delhi Rent Control Act, 1958. The appellants, as landlords, filed a second eviction petition...

High Court

Bombay High Court Dismisses Petitions Challenging Maintainability of Section 34 Applications Under Arbitration Act — Preliminary Objection Rejected as District Court Had Jurisdiction to Entertain Applications Under Section 34 of the 1996 Act Despite Decree Under 1940 Act.

24 Feb 2015

The petitioners, proprietors of Soni Medical Stores and Ashish Agencies, filed writ petitions under Article 227 of the Constitution challenging three ...

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