Search Results for "civil suit dismissal"

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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...
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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "civil suit dismissal"

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High Court

High Court of Karnataka Allows Appeal in Bank Recovery Suit Due to Failure to Prove Debt and Improper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the plaintiff bank failed to prove the debt and liability of the defendant, and the notice under Section 138 was not properly served, thus the suit for recovery was not maintainable.

30 Aug 2019

The appellant, K. Ravindra Shetty, was the defendant in a suit filed by Vijaya Bank for recovery of Rs. 3,20,835.20 with interest. The bank claimed th...

High Court

Bombay High Court Dismisses Application Under Section 24 CPC Seeking Transfer of Appeal as Abuse of Process — Costs Imposed. Transfer Sought on Allegations of Bias to Delay Proceedings in Pending Rent Appeal, Court Holds That Unfounded Allegations Cannot Ground Transfer.

23 Nov 2021

The matter arose from an eviction decree passed on 21.10.2005 in TE & R Suit No.253/274 of 2003 by the Small Causes Court at Bombay. The appellant No....

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Sets Aside Dismissal for Non-Prosecution by Lower Appellate Court. The Court held that under Order 41 Rule 17 CPC, an appellate court cannot dismiss an appeal for default without deciding it on merits when the appellant appears, and must hear the appellant and decide the appeal on merits.

17 Oct 2019

The appellant, Pandhari Mude, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated ...

High Court

Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Agreement to Sale Not Proved as Defendants Denied Execution and Plaintiffs Failed to Establish Readiness and Willingness.

10 Feb 2026

The present second appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a suit for specific performance of an agreement to sale ...

Supreme Court

Supreme Court Allows Appeal in Suit for Recovery of Money, Remands for Trial on Evidence Due to Disputed Facts on Limitation. The Court Held That Limitation Issue Cannot Be Decided as a Preliminary Issue Under Order XIV Rule 2 of Code of Civil Procedure, 1908, When Facts Are Contested, Requiring Evidence on Nature of Transactions and Repayment Terms.

31 Jan 2022

The appeal arose from a judgment of a Single Judge of the High Court of Delhi in RFA No 5 of 2019, which upheld the trial court's dismissal of a suit ...

High Court

Bombay High Court Dismisses Petitioners' Challenge to Land Acquisition for BAPS Temple Construction — Acquisition Upheld as Valid Public Purpose Under MRTP Act, 1966. Petitioners lacked locus standi and filed petition after 10-year delay, leading to dismissal.

11 Apr 2023

The petitioners, Mr. Salim Naim Khan and Mrs. Reshma Salim Khan, filed a writ petition challenging the acquisition of land by the State of Maharashtra...

High Court

High Court of Karnataka Allows Appeals in Execution Proceedings — Auction Sale Set Aside for Non-Compliance with Order 21 Rule 95 CPC. Delivery of possession is a mandatory requirement for confirmation of sale under Order 21 Rule 95 of the Code of Civil Procedure, 1908.

22 Jul 2024

The case involves two Regular First Appeals (RFA No. 557/2016 and RFA No. 558/2016) filed under Section 96 read with Order 41 Rules 1 and 2 of the Cod...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Plaintiff Fails to Prove Title and Possession. Co-owner Cannot Claim Adverse Possession Against Another Co-owner Without Ouster Under Section 100 CPC.

11 Jan 2018

The appellant, Suresh Chatra, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree da...

High Court

Bombay High Court Dismisses Appeal in Suit for Declaration and Injunction — Failure to Prove Title and Possession. Court upholds dismissal of suit for declaration of ownership and injunction based on insufficient evidence of title and possession under the Specific Relief Act, 1963.

30 Nov -0001

The appellants, Noorjahan and others, filed a suit for declaration of ownership and permanent injunction against the respondents in respect of a prope...

High Court

Bombay High Court Dismisses Appeal by Qatar Airways Against Maintainability of Summary Suit for Recovery of Rs. 59.22 Lakhs. Foreign Company Not Entitled to Sovereign Immunity Under Section 86 CPC as It Is a Commercial Entity, Not a Foreign State.

8 Jan 2013

The respondent, Shapoorji Pallonji & Co., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against the appellant, Qatar Ai...

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