Search Results for "CPC amendment 1976"

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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 "CPC amendment 1976"

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High Court

Bombay High Court Allows Appeal Against Remand Order in Contract Dispute — Limitation Issue Must Be Decided as Preliminary Point. Court holds that Order XLIII Rule 1(u) CPC appeal is maintainable against a remand order that fails to decide a preliminary issue of limitation, and directs the trial court to frame and decide the limitation issue first.

8 Mar 2021

The appellant, Tikamdas s/o Sukhdevdas Vaishnao, filed an appeal under Order XLIII Rule 1(u) of the Code of Civil Procedure, 1908 (CPC) against the ju...

High Court

High Court of Karnataka Dismisses Appeal in Arbitration Matter — Appeal Against Order Under Section 34 of Arbitration Act Not Maintainable Under Commercial Courts Act. The court held that the remedy of appeal against an order under Section 34 of the Arbitration and Conciliation Act, 1996 lies under Section 37 of that Act, and not under Section 13(1) of the Commercial Courts Act, 2015.

11 Feb 2021

The case involves an appeal filed under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts A...

High Court

High Court of Karnataka Dharwad Bench Considers Writ Petitions Challenging Labour Court Orders Dismissing Interlocutory Applications. The Petitions, Filed Under Articles 226 and 227 of the Constitution, Seek Certiorari Against Orders Dated 18.06.2025 in Various KID Proceedings.

19 Jan 2026

The High Court of Karnataka, Dharwad Bench, heard and reserved judgment on a batch of writ petitions filed by BDK Valves Private Limited, a company in...

High Court

Bombay High Court Upholds Dismissal of Execution Petition as Time-Barred in Specific Performance Case. Dismissal of Appeal for Want of Prosecution Does Not Constitute Merger of Decree and Limitation Period Runs from Date of Trial Court Decree Absent Stay of Execution.

9 Jun 2025

The dispute arose from a suit for specific performance of an agreement to sell agricultural land. The predecessor of the petitioners (plaintiff) had e...

High Court

Bombay High Court Considers Interim Relief in Suit Challenging Show Cause Notices Issued Under 2024 RBI Master Directions Based on Forensic Audit by Allegedly Unqualified Auditor. Petitioner Contends that Audit Firm Not Chartered Accountant and Report Invalid Under Chartered Accountants Act, 1949 and RBI Directions.

24 Dec 2025

This matter concerned three suits filed by the plaintiff, Anil D. Ambani, against Indian Overseas Bank, IDBI Bank, Bank of Baroda, and others, along w...

Supreme Court

Supreme Court Dismisses Appeal in Summary Suit Under Order XXXVII CPC Due to Absence of Triable Issues. Leave to Defend Rightly Denied as Invoices Constituted Written Contracts Establishing Appellant's Liability for Goods Supplied.

18 Jan 2022

The appeal arose from a summary suit for money recovery filed under Order XXXVII of the Code of Civil Procedure, 1908, by the plaintiff-respondent No....

High Court

Bombay High Court Allows Execution Application for Sale of Partnership Property in Execution of Money Decree. Court holds that decree holder can attach and sell judgment debtor's interest in partnership assets without impleading the partnership firm as a party, under Order 21 Rule 49 CPC and Section 29 Partnership Act, 1932.

20 Apr 2018

The case involves a dispute between Shreyas Alias Ashok Narayan Pathare (plaintiff/judgment debtor) and CVK & Associates (defendant/decree holder). Th...

High Court

Bombay High Court Dismisses Second Appeal in Perpetual Injunction Suit — Upholds Concurrent Findings on Common Well Usage. The court held that the well in Block No.35 was common to all brothers and the defendant could not obstruct the plaintiffs from using it, based on oral and documentary evidence.

28 Feb 2019

The present second appeal was filed by the original defendant, Ashok Vishwanath Dange, challenging the judgment and decree passed in Regular Civil App...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case, Reversing High Court's Setting Aside of Concurrent Findings. High Court Erred in Holding Plaint Lacked Specific Averments Under Section 16(c) of Specific Relief Act, 1963, as Readiness and Willingness Must Be Inferred from Plaint as a Whole.

26 Oct 2021

The dispute arose from an agreement to sell executed on 10.10.1976 by Ram Singh in favor of Sughar Singh for a sale consideration of Rs.56,000, with R...

High Court

Bombay High Court Allows Landlord to Sue Unknown Heirs in Eviction Proceedings — Procedure for Service by Substituted Service and Appointment of Administrator General. The court held that a landlord may file an eviction suit against 'heirs and legal representatives, if any' of a deceased tenant when their names and addresses are unknown, and the court may direct substituted service and appoint the Administrator General to represent the estate.

11 Apr 2018

The Bombay High Court addressed a procedural dilemma faced by landlords in Mumbai when a tenant dies and the landlord is unable to identify or locate ...

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