Search Results for "Section 115 CPC"

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Search Results for "Section 115 CPC"

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High Court

Bombay High Court Dismisses Revision Application Against Decree Under Section 6 Specific Relief Act as Not Maintainable Under Section 115 CPC. Decree in suit for possession based on prior possession is not amenable to revision as no appeal lies and revision is barred by Section 115(2) CPC.

31 Mar 2006

The case involves a Civil Revision Application filed by Sau. Sangita Sunil Bhardiya (applicant) against Rajendra Babulal Sarnot (respondent) challengi...

Supreme Court

Supreme Court Allows Appeal in Suit for Declaration and Cancellation of Gift Deed and Sale Deed — Order VII Rule 11 CPC Application Rejected as Plaint Discloses Cause of Action. The Court held that the plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the defence may be strong.

1 Jan 2023

The appeal arises from a suit filed by the respondent (plaintiff) before the Delhi High Court seeking declaration and cancellation of a gift deed date...

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

Bombay High Court Dismisses Revision Against Refusal to Stay Suit on Ground of Res Judicata — Previous Suit Against Different Party Does Not Bar Subsequent Suit Against Different Defendants. Section 10 CPC Requires Same Parties for Stay; Inherent Powers Under Section 151 Cannot Be Used to Bypass Statutory Conditions.

5 Mar 2014

The present Civil Revision Application was filed by the applicants (defendants in Regular Civil Suit No.515 of 2007) against the order of the 8th Join...

High Court

High Court of Karnataka Dismisses Tenant's Revision Against Eviction Order Under Karnataka Rent Act, 1999 — Landlord's Bona Fide Requirement for Business Expansion and Reconstruction Upheld. Tenant's Application for Leave to Contest Rejected as No Substantial Grounds Raised.

21 Jul 2023

The case arises from an eviction petition filed by the respondent-landlord (Ananth G. Pai, since deceased, represented by legal representatives) again...

High Court

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Partition Suit — No Interference Under Article 227 as Findings of Fact Are Not Perverse. Court Held That Rejection of Plaint Under Order 7 Rule 11 CPC Is Not Applicable When Suit Is Not Barred by Law and Issues Require Trial.

30 Nov -0001

The present writ petition under Article 227 of the Constitution of India was filed by the legal heirs of the original defendant No.1 (Manohar Ramchand...

Supreme Court

Supreme Court Allows Appeal in Family Property Dispute — High Court Exceeded Revisional Jurisdiction by Decreeing Suit Based on Admission Without Trial. Order under Order 12 Rule 6 CPC set aside as admission must be clear, unambiguous, and not require interpretation.

1 Jan 2026

The present appeal arises from a family dispute over the sale proceeds of ancestral agricultural land. The respondent No.1 (plaintiff) filed a suit fo...

Supreme Court

Supreme Court Allows Appeal in Land Title Dispute Against Government — Holds That Government Cannot Unilaterally Resume Land Without Following Due Process and Payment of Compensation. Court Restores Trial Court Decree Declaring Appellants' Title Based on Valid Sale Deed and Pattadar Passbook, Setting Aside High Court's Reversal.

24 Mar 2025

The case involves a dispute over 3.34 acres of land in Kurnool District, Andhra Pradesh. The appellants claimed title through a chain of transactions ...

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

High Court of Karnataka Allows Petition in Execution Proceedings — Attachment of Amount Deposited in Another Suit Not Permissible Without Proper Procedure Under Order 21 Rule 46 CPC. Decree holder cannot bypass execution procedure by seeking attachment of a sum deposited in a different suit under Section 151 CPC without following Order 21 Rule 46 CPC.

19 Jul 2024

The petitioner, Smt. Sarasamma C., filed a writ petition under Article 227 of the Constitution of India challenging the order dated 21.01.2023 passed ...

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