Search Results for "CPC amendment 1976"

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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Supreme Court Dismisses Appeal in Second Appeal Case - Punjab Courts Act Applies Over CPC. Substantial Question of Law Not Required for Second Appeals in Punjab Under Section 41 of Punjab Courts Act, 1918.

The Supreme Court disposed of a civil appeal arising from a regular second appeal decided by the Punjab and Haryana High Court. The sole contention ra...

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Bombay High Court Allows Amendment of Plaint After 30 Years in Property Suit — No Prejudice as Trial Not Commenced. Pre-Trial Amendment Permissible Under Order VI Rule 17 CPC Despite Delay, as No New Cause of Action Introduced.

The present writ petition arises out of a civil suit filed in 1993 by the original plaintiffs, Smt. Bertha Carvalho and Shri Ross Carvalho, against th...

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Supreme Court Upholds Section 13-B of East Punjab Urban Rent Restriction Act, 1949 for NRI Landlords in Chandigarh and Punjab. Constitutional validity of provision granting immediate possession to Non-Resident Indians upheld as reasonable classification under Article 14.

The appeals were filed by tenants challenging the constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, which g...

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High Court of Karnataka Quashes Lower Appellate Court's Order Allowing Amendment of Written Statement in Remanded Civil Appeal. Procedural Irregularity Found as Application Decided Independently Without Simultaneous Hearing with Main Appeal, Contravening Settled Principles Under Section 96 CPC.

The writ petition arose from a civil suit concerning property rights. The plaintiff filed a suit for partition and declaration, which was decreed by t...

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High Court of Bombay at Goa Allows Writ Petition Against Trial Court's Order to Decide Amendment Application Before Return of Plaint. Procedural Order Set Aside as Contrary to Order 7 Rule 10 CPC — Inherent Lack of Jurisdiction Cannot Be Cured by Amendment.

The petitioner, Akshay Quenim, filed a writ petition before the High Court of Bombay at Goa challenging an order dated 06.06.2025 passed by the Civil ...