Search Results for "CPC Section 100"

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Search Results for "CPC Section 100"

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High Court

High Court Dismisses Election Petition Under Order VII Rule 11 CPC for Insufficient Pleadings. Petition Failed to Plead Material Facts on Alleged Corrupt Practice and Non-Compliance Under Sections 100(1)(b) and 100(1)(d)(iv) of Representation of the People Act, 1951, Leading to Lack of Cause of Action.

7 Mar 2026

The High Court of Judicature at Bombay heard an Election Petition filed by the losing candidate challenging the election victory of the returned candi...

Supreme Court

Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

1 Jan 2026

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case: Order II Rule 2 CPC Bar Applies to Subsequent Suit for Specific Performance When Relief of Permanent Injunction Was Sought in Previous Suit. The Court held that the plaintiff's entitlement to seek specific performance existed at the time of the first suit, and failure to include it bars the second suit under Order II Rule 2 CPC.

17 Jan 2025

The dispute arose from an agreement for sale dated 24.01.2007 between M/s Chemplast Cuddalore Vinyls Limited (respondent no.1/original plaintiff) and ...

Supreme Court

Supreme Court Sets Aside High Court Interim Status Quo Order in Second Appeal for Non-Compliance with Section 100 CPC. High Court Cannot Grant Interim Relief Without First Formulating Substantial Question of Law.

1 Jan 2025

The Supreme Court considered an appeal against an interim order dated 20.09.2024 passed by the High Court of Andhra Pradesh in a second appeal. The di...

Supreme Court

Restitution in Court Auction Sales: Upholding Justice Amidst Procedural Challenges Interpretation and Application of Section 144 CPC

14 May 2024

Restitution of Judgment Debtors in Court Auction Sales: Interpretation and Application of Section 144 CPC The legal issue in this appeal revolves aro...

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 Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

22 Sep 2022

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

High Court

High Court of Karnataka Allows Revision Petition in Permanent Injunction Suit — Plaint Rejected as Barred by Law Under Order VII Rule 11(d) CPC. Non-Disclosure of Cause of Action and Prior Litigation Between Parties Led to Rejection of Plaint as Abuse of Process.

10 Aug 2021

The present case arises from a civil revision petition filed by the defendants (petitioners) against an order of the III Additional Civil Judge, Vijay...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order VII Rule 11 CPC Not Applicable When Suit Not Barred by Law. The pendency of a probate proceeding does not bar a suit for partition and the plaint cannot be rejected under Order VII Rule 11 CPC.

8 Jan 2020

The appellant, Sri Venkatalingaiah Murthy, filed a petition for Letters of Administration (P&SC No.63/2011) in respect of the Will of late Sri K. Moha...

Supreme Court

Supreme Court Allows Appeal in Partition Suit: High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence. The Court restored concurrent findings of trial court and first appellate court dismissing suits for partition and injunction.

1 May 2019

The Supreme Court considered appeals against a common judgment of the Madras High Court which, in exercise of its second appellate jurisdiction under ...

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