Search Results for "Civil Procedure Code, 1908"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Civil Procedure Code, 1908"

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High Court

High Court Dismisses Union of India's Second Appeal in Salt Land Dispute — Civil Suit Barred Under Section 4(2) of Salt Act, 1882. Exclusive Jurisdiction of Salt Commissioner Precludes Civil Court from Entertaining Suit for Declaration of Title and Possession of Salt Land.

16 Aug 2016

The Union of India, through the Deputy Salt Commissioner, filed a second appeal against the judgment of the District Judge, Thane, which confirmed the...

Supreme Court

Supreme Court Examines Scope of Section 34 Arbitration Act in National Highways Acquisition Disputes - The court considered whether modification of arbitral awards is permissible under Section 34 of the Arbitration and Conciliation Act, 1996, particularly for compensation awards under the National Highways Act, 1956.

20 Jul 2021

The Supreme Court addressed a significant legal question regarding the scope of judicial intervention under Section 34 of the Arbitration and Concilia...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees granting 1/3rd share to plaintiffs in joint family property, rejecting defendants' claim of prior partition.

26 Sep 2024

The present regular second appeal was filed by defendants No.1 to 6 (appellants) under Order XLII Rule 1 read with Section 100 of the Code of Civil Pr...

High Court

High Court of Bombay Considers Challenge to Interim Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996. Court Prima Facie Finds Interim Award Passed Without Considering Entire Pleadings and Grants Stay of Enforcement.

7 Aug 2019

The matter involved two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an interim award dated...

High Court

Bombay High Court Allows Petitioner to Redeem Mortgage in Co-operative Bank Recovery Proceeding — Auction Sale Set Aside Due to Non-Compliance with Section 101 of Maharashtra Co-operative Societies Act, 1960. Court held that the bank failed to follow the mandatory procedure under the Act and the recovery certificate was not properly executed, entitling the petitioner to redeem the property by paying the outstanding dues.

20 Jul 2006

The petitioner, Niranjan D. Woody, owned a plot of land in Santacruz with a building containing a residential flat and eight tenants. He availed an ov...

High Court

High Court of Karnataka Upholds Constitutional Validity of Explanation to Section 6(5) of Hindu Succession (Amendment) Act, 2005 — Partition by Execution of Registered Deed or Court Decree is Valid and Not Unconstitutional. The court held that the Explanation defining partition as only by registered deed or court decree is within legislative competence and does not violate fundamental rights.

19 Feb 2015

The petitioners, legal representatives of the original petitioner Puttalinganagouda @ Veeranagouda B Patil, filed a writ petition under Articles 226 a...

High Court

Bombay High Court Allows Tenant's Application for Leave to Defend in Eviction Suit — Tenant's Affidavit Disclosing Triable Issues Regarding Bona Fide Requirement and Subletting Warrants Unconditional Leave. The court held that under Order 37 Rule 3(5) CPC, leave to defend must be granted if the affidavit raises triable issues, and the tenant's claim of tenancy and lack of bona fide requirement constituted such issues.

8 Jan 2019

The plaintiff, Sushilarani Baburao Patel, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Geeta Patel...

High Court

High Court of Karnataka Hears Appeals Against Decree for Specific Performance in Suit Involving Subsequent Purchasers. The trial court had decreed specific performance of an agreement to sell agricultural lands, directing the original vendor and later purchasers to execute a joint sale deed.

11 Oct 2013

The appeal arises from a suit for specific performance of an agreement to sell agricultural lands. The first defendant, the owner, agreed to sell the ...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

High Court

High Court of Karnataka Dismisses Unsuccessful Plaintiff's Regular Second Appeal in Recovery Suit — Suit Barred by Limitation. The court upheld concurrent findings that the suit for recovery of money filed beyond the period of limitation under Article 113 of the Limitation Act, 1963 was not maintainable.

4 Jul 2016

The appellant, Sanna Mallappa, was the plaintiff in a suit for recovery of money filed against the respondent, R.P. Siddeshwarappa, in the Court of Ci...

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