Search Results for "notice under CPC"

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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...
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Search Results for "notice under CPC"

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High Court

Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

17 Dec 2012

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

High Court

Parsi Chief Matrimonial Court Holds That Evidence in Parsi Divorce Suits May Be Recorded Before a Commissioner Under CPC Order 18 Rule 4(2) — Section 46 of Parsi Marriage & Divorce Act, 1936 Does Not Mandate In-Court Recording with Delegates.

3 Apr 2014

The case involved a suit filed under the Parsi Marriage & Divorce Act, 1936, by Rohinton Panthaky against Armin R. Panthaky. During the proceedings, a...

High Court

High Court Upholds Return of Election Petition Under Order 7 Rule 10 CPC in Zilla Panchayat Election Dispute. Ruling Clarifies That CPC Applies to Trial of Election Petitions Under Karnataka Panchayath Raj Act, 1993 When Act Is Silent on Jurisdictional Return.

23 May 2017

The High Court of Karnataka considered a writ petition challenging an appellate order that directed the return of an election petition under Order 7 R...

High Court

High Court of Karnataka Directs Special Court to Consider Order VII Rule 11 CPC Application in KPIDFE Act Proceedings — Rejection of Application as Not Maintainable Set Aside. The Special Court under KPIDFE Act must adjudicate maintainability applications under Order VII Rule 11 CPC on merits, as CPC applies to its proceedings.

8 Apr 2026

The petitioner, Smt. Vanitha S., filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at B...

High Court

Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

24 Aug 2018

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

High Court

High Court of Karnataka Allows Revision Petition in Execution Case — Order Dismissing Section 47 Application Set Aside. Execution Court's Failure to Consider Objections Regarding Arbitral Award's Enforceability Constitutes Jurisdictional Error Under Section 115 CPC.

22 Mar 2024

The present Civil Revision Petition was filed under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 19.03.2022 passed by...

Supreme Court

Article 227 Cannot Override Order VII Rule 11 CPC | Supreme Court Restores Plaint Wrongly Struck Off by High Court (2026 INSC 121)

3 Feb 2026

The Supreme Court held that the High Court erred in striking off the plaint under Article 227 of the Constitution when a specific remedy under Order V...

High Court

High Court of Bombay Upholds Rejection of Amendment to Written Statement in Eviction Suit; No Due Diligence Shown After Commencement of Trial. Tenant's Application to Add Waiver Plea Based on Municipal Tax Payments Fails Under Order 6 Rule 17 CPC as Knowledge of Tax Payments Existed Throughout.

20 Oct 2006

The matter arose from a suit for eviction and mesne profits filed by the landlord against the tenant in the Small Causes Court at Mumbai. The landlord...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Patent Infringement Suit — Director's Authority to Sue Not Barred by Absence of Board Resolution at Plaint Stage. The court held that Order 29 Rule 1 CPC allows a director to sign and verify pleadings, and the absence of a board resolution is not a ground for rejection under Order 7 Rule 11(d) CPC.

2 Sep 2014

The appellant, M/s. Alcon Electronics Pvt. Ltd., filed a suit against the respondent, Celem S.A., in the District Court at Nashik seeking a declaratio...

High Court

High Court of Karnataka Allows Revision Petition for Delivery of Possession Under Order 21 Rule 95 CPC — Decree Holder Entitled to Possession After Court Sale Confirmation. The court held that once a court auction sale is confirmed, the purchaser has a right to delivery of possession under Order 21 Rule 95 CPC, and the executing court cannot dismiss such application.

30 Apr 2014

The petitioner, the decree holder in O.S.No.222/1996, had obtained a money decree against the respondent for Rs.1,15,500/-. In execution proceedings (...

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